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    Second Circuit Wyly’ing Out? Asset Freeze Order Doesn’t Violate the Automatic Stay
    2016-01-27

    Recently, in SEC v. Miller, No. 14-4261-cv (2d Cir. Dec.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Securities fraud, Second Circuit
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bond restructurings Implementation mechanisms: schemes vs. exchange offers
    2015-12-17

    Bond restructurings Implementation mechanisms: schemes vs. exchange offers December 2015 ■ a principal haircut; ■ extended maturity; and / or ■ a change in coupon (rate and/or whether the coupon is cash-pay or PIK). Exchange offers are based entirely on voluntary participation. They can only succeed if a critical mass of bondholders agrees to participate. A “carrot and stick” approach is used to incentivise participation and penalise holdouts. For background on the use of schemes of arrangement as restructuring tools, see here.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bond (finance)
    Location:
    South Africa, Ukraine, USA
    Firm:
    Weil Gotshal & Manges LLP
    One fewer reason to fear the Hague Convention - New York Bankruptcy Court permits mailing of claim objection to foreign claimants
    2015-11-20

    A recent decision by the United States Bankruptcy Court for the Southern District of New York may make it easier for debtors to obtain some relief from preferential payments to a foreign entity, even if the recipient of the transfer has no address in the United States. 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Please, SIR, the plaintiffs want some more: the Southern District of Ohio weighs in on the treatment of self-insured retentions in bankruptcy
    2015-10-28

    Whether an insurer can refuse to provide coverage on the grounds that the bankrupt insured has not paid a self-insured retention (SIR) is often litigated during a bankruptcy case.  Recently, in Sturgill v.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The interesting relationship between veil piercing and fraudulent transfer law
    2015-10-05

    In American Federated Title Corp. v. GFI Management Services, Inc., the United States District Court for the Southern District of New York 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Fraud
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Judge Scheindlin rules in Caesars that Trust Indenture Act bars “core” impairments; certifies the issue to the Second Circuit or what’s the deal with the caesars parent guarantee litigation? [part II]
    2015-09-01

    How many ages hence / Shall this our lofty scene be acted o’er, / In states unborn, and accents yet unknown!
    – William Shakespeare, Julius Caesar

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Equitable mootness on life support: the Third Circuit further pares back the abstention doctrine in One2One Communications
    2015-08-03

    “It’s not that I’m afraid to die, I just don’t want to be there when it happens.”  — Woody Allen

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    If it ain’t broke, don’t fix it: ABI Commission recommends no change to judicial valuation
    2015-07-06

    One of the primary business restructuring goals is the adjustment of a company’s burdensome obligations.  If a business is going to be reorganized, matching a company’s obligations to its value is key to the rehabilitation and “fresh start” concepts that underpin the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Valuation (finance)
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Distressed Portfolio Company Risks (Part I: Sponsor Breach of Company Loan Agreement)
    2022-02-01

    In an opinion that mostly flew under the radar in 2021, Judge Christopher Sontchi from the Bankruptcy Court for the District of Delaware (the “Court”) found a private equity sponsor (the “Sponsor”)1 liable (and, in some cases, not liable) under various contractual and tort theories in connection with actions the Sponsor took or did not take in its failed efforts to stave off a potential bankruptcy filing of its portfolio company, Allied Systems Holdings, Inc., now known as ASHINC Corporation (“Allied” or the “Company

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Private equity
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Cross-Class Cram Down in UK Restructuring Plans: Virgin Active
    2021-06-02

    Mr Justice Snowden’s recent judgment sanctioning the Virgin Active restructuring plans is significant for several reasons. Not only is it the first judgment to consider the cram down power of the 2006 Companies Act, but it is only the third instance that the cross-class cram down mechanism has been used. It is also the first time it has been used to cram down classes of dissenting landlords.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Companies Act 2006 (UK)
    Authors:
    Mark Lawford
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP

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