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    Debt or equity? Which Circuit? Recent cases on equitable recharacterization
    2015-07-15

    Seeking to recharacterize a debt claim as an equity contribution to the debtor through the equitable powers of the bankruptcy court (something we’ve written about quite a bit in our blog) is one way to reduce creditor claims against the bankruptcy estate, but only in certain circuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Debt, United States bankruptcy court
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Debt or Equity? SDNY Bankruptcy Court Says “Debt” in a Recent Case Involving Recharacterization of a Party’s Debt Claim as Equity
    2021-07-02

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debt, Coronavirus, United States bankruptcy court
    Authors:
    Justin Kanoff
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    New German Restructuring Regime (Starug) an Introductory Guide
    2021-02-04

    The new German stabilizing and out of court restructuring regime came into effect on 1 January 2021. The "Stabilization and Restructuring Framework of Companies Act", known as StaRUG1, heralds a new phase in the German restructuring landscape, introducing a framework of tools including a new restructuring plan, which will enable debtors to restructure and cram down minority creditors outside of German insolvency proceedings for the first time.

    Filed under:
    European Union, Germany, USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Britta Grauke
    Location:
    European Union, Germany, USA
    Firm:
    Weil Gotshal & Manges LLP
    The New Restructuring Plan - In Depth
    2020-06-19

    The new UK legislation for companies in financial difficulty represents a fundamental shift in approach to restructuring in Europe and adds an important new tool to the UK restructuring framework. The availability of a plan proposed under the new Part 26A of the Companies Act 2006 (a “Restructuring Plan”) will undoubtedly change how many distressed companies seek to address their financial difficulties. However, until case law is developed, there will remain considerable uncertainty as to how the Restructuring Plan will work in practice.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Authors:
    Matt Benson , Neil Devaney , Mark Lawford , Gemma Sage
    Location:
    European Union, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    It’s (Still) Alive! The Second Circuit Throws the 546(e) Safe Harbor a Lifeline Post
    2019-12-20

    Before ingesting too much holiday cheer, we encourage you to consider a recent opinion from the United States Court of Appeals for the Second Circuit.

    Weil Bankruptcy Blog connoisseurs will recall that, in May 2019, we wrote on the Southern District of New York’s decision in In re Tribune Co. Fraudulent Conveyance Litigation, Case No. 12-2652, 2019 WL 1771786 (S.D.N.Y. April 23, 2019) (Cote, J.) (“Tribune I”).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Restructuring Focus on 2019
    2019-02-21

    RESTRUCTURING FOCUS ON 2019

    JANUARY 2019

    RESTRUCTURING: FOCUS ON 2019

    CONTENTS

    1

    VIEW FROM THE TOP NEW MONEY CONSIDERATIONS SOMETHING FOR ALL INVESTORS? THE INTERCREDITOR MINEFIELD LESSONS FROM CLAIRE'S STORES GOVERNANCE THE SPECTRUM OF OPTIONS CHAPTER 11 FOR THE UK? BREXIT AND UK INSOLVENCY REFORM EU INSOLVENCY REFORM: A CHANGING LANDSCAPE INDEPENDENT RECOGNITION WEIL CONTACTS

    2 4 6 8 10 12 14 16 17

    2 RESTRUCTURING: FOCUS ON 2019

    VIEW FROM THE TOP

    RESTRUCTURING: FOCUS ON 2019

    3

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Weil Gotshal & Manges LLP, Brexit
    Location:
    European Union, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Wasn’t Me: The Insured vs. Insured Exclusion (“Side A”)
    2018-09-04

    In the novel A Frolic of His Own, by William Gaddis1, the protagonist, Oscar Crease, is run over by his own driverless car when it slips from park into neutral while Oscar is standing in front of the car trying to hot-wire it.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    KPMG and Weil launch MF Global UK Limited (in special administration) CVA Proposal
    2017-11-24

    Weil have acted for Mike Pink, Richard Heis and Ed Boyle of KPMG as special administrators of MFGUK in connection with a CVA proposal to its remaining ordinary creditors, which will facilitate the winding-up of the estate for the benefit of the creditors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, KPMG
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Notice over Science: Delaware Bankruptcy Court Enforces Bar Date Against Asbestos Creditor Based on Actual Notice Standard
    2017-01-30

    In chapter 11 reorganizations, Federal Rule of Bankruptcy Procedure 3003(c)(3) provides that “[t]he court shall fix and for cause shown may extend the time within which proofs of claim or interest may be filed” (commonly known as the bar date). For a creditor or interest holder to be subject to this bar date, they must have received notice to satisfy due process. A known creditor, one that is reasonably ascertainable, must receive “actual notice.” Simply receiving a court-approved bar date notice from the debtor is enough to satisfy this requirement for due process.

    Filed under:
    USA, Delaware, Environment & Climate Change, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Environmental Protection Agency, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Setoff Question of First Impression
    2016-08-12

    The Bankruptcy Court for the District of Delaware recently faced a question of first impression: whether an allowed postpetition administrative expense claim can be used to set off preference liability. In concluding that it can, the court took a closer look at the nature of a preference claim.

    Facts and Arguments

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Fraud, Limited liability company, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Moshe Fink
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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