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    First Circuit Affirms Sanctions Order From Massachusetts Bankruptcy Court Requiring Bankruptcy Attorney to Return to Law School For Ethics Class
    2016-07-18

    “Whoever is careless with the truth in small matters cannot be trusted with important matters.”

    – Albert Einstein

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Collateral (finance), Foreclosure, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Barred by Res Judicata & Judicially Estopped - Court Finds That Netflix Has No Chill
    2016-06-15

    By now (unless you’ve been living under a rock), we’re all familiar with the expression, “Netflix and chill.” It’s everywhere. Flooding your Instagram feed with duplicitous memes. Halloween costumes. Really, really bad pick-up lines. Like the many trite colloquialisms that have come before it, Netflix and chill’s ubiquity has begun to wane with overuse and time.

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Lessons in Local Rules and Civility
    2016-05-19

    Early this week, a California Bankruptcy Court schooled counsel on abiding by local rules, avoiding gamesmanship, and maintaining a level of civility in litigation proceedings. These lessons arose in the context of an adversary proceeding in which counsel filed an emergency motion for a continuance of the deadline to respond to a complaint following retention of new counsel.

    Lesson #1: Check for Typos

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Asserting Personal Jurisdiction Over Foreign Banks
    2016-04-26

    Funds passing through a correspondent bank account in New York can create personal jurisdiction over the funds’ recipient, ruled the United States District Court for the Southern District of New York.  In Official Committee of Unsecured Creditors of Arcapita Bank B.S.C. v.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Personal jurisdiction
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    I’m Still Here!! Individual Debtor-out-of-Possession May Appeal Bankruptcy Court Order Allowing Claims in Chapter 7 Case
    2016-03-28

    Practitioners that exclusively represent clients in large scale restructurings and chapter 11 reorganizations may be used to the debtor remaining in place with senior management continuing to oversee the day to day operations of the company and overseeing the debtor’s reorganization case.  It may seem strange then to such practitioners that, unlike in chapter 11 cases, the debtor in a chapter 7 case often has only a limited role in its own bankruptcy case after the initial debtor interview and the section 341 meeting of creditors.  In a chapter 7 case, a trustee is appointed and i

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, United States bankruptcy court, Fifth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    2016 Lookback Period - Six Weeks (Part 1)
    2016-02-17

    Now that we’ve recovered from the balmy holidays, survived a record snowstorm in New York, eaten way too many snacks at Super Bowl parties, wished everyone a Happy Year of the Monkey, enjoyed two long weekends, and debated the effects of the passing of Justice Scalia, it’s time to settle back down to business and take the rest of this short week to catch up on what you may have missed in the Weil Bankruptcy Blog so far this year. 

    Bankruptcy Code Preempts McCarran-Ferguson Act in Dispute Over Courts’ Jurisdiction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    How Wide is a Worldwide Stay? Bankruptcy Court Analyzes Scope of Foreign Court’s Stay Order
    2016-01-19

    In a chapter 15 decision, In re Daebo International Shipping Co., Judge Michael E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Section 1505 - Authorization to Act In A Foreign Country
    2015-12-11

    Chapter 15 of the Bankruptcy Code was introduced more than ten years ago to “to provide effective mechanisms for dealing with cases of cross-border insolvency.”  It incorporates the Model Law on Cross-Border Insolvency (the “Model Law”) promulgated by the 

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Distressed investor finds covenant-lite loan offers little protection - Quadrant Structured Products v. Vertin
    2015-11-13

    In a recent decision, Quadrant Structured Products v.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Das moot – debtors’ argument that 363(m) moots creditors’ appeal of sale order gets sunk by Third Circuit
    2015-10-21

    As promised in our first post on the Third Circuit’s recent decision on 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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