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    Deprizio, Shmeprizio: a waiver of indemnification can shield an insider guarantor from liability (at least in the Ninth Circuit)
    2015-05-21

    Can a waiver of rights ever be beneficial to the person granting the waiver?  Yes.  In In re Adamson Apparel, the Court of Appeals for the Ninth Circuit held, in a 2-1 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Surety, Debtor, Waiver, Ninth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    11th Circuit confirms position that non-consensual, third-party releases are permissible
    2015-04-15

    In a recent 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Eleventh Circuit
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Scheme hot topics bulletin: part II
    2015-03-03

    Valuation Valuation issues tend to be at the heart of any intercreditor dispute in a restructuring. And the art of valuation becomes absolutely critical in the context of a scheme, because creditors with no economic interest need not be invited to vote on a scheme which seeks to compromise creditor claims1 .

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Valuation (finance)
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: venue and core and noncore matters
    2015-01-22

    Today, in the latest installment of our series reviewing the Final Report and Recommendations of the American Bankruptcy Institute Commission to Study the Reform of Chapter 11, we review the Commission’s comments on (i) venue and (ii) core and noncore matters – discussed in sections IX.A and IX.B, respectively.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Enron
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    If it looks like a duck and quacks like a duck, then…: Kansas bankruptcy court finds car “lease” is a disguised financing based on economic realities of transaction
    2014-12-04

    When a contract looks like a lease, but operates more like a security agreement, how should the contract be treated in bankruptcy? The United States Bankruptcy Court for the District of Kansas recently considered this question in 

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court bars future claimant from seeking to avoid effect of discharge
    2014-11-06

    A recent decision from the United States Bankruptcy Court for the Western District of Texas touched on two popular bankruptcy topics: notice requirements and the effect of a bankruptcy discharge on claims.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    #Hashtag: thinking of starting your own marijuana business?
    2014-10-10

    Have you ever wanted to start your own marijuana cultivation and distribution business? Do you see billboards on the highway advertising pot-growing seminars and think, “Maybe I should go?” Does the grass seem greener on the other side?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Walking a mile in the trustee’s shoes: how s. 38 of the BIA can allow creditors to revive dismissed claims
    2014-09-15

    This article has been contributed to the blog by Patrick Riesterer and Mary Angela Rowe. Patrick Riesterer is an associate in the Insolvency and Restructuring group of Osler, Hoskin & Harcourt LLP and Mary Angela Rowe is an articling student at Osler, Hoskin & Harcourt LLP.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts
    2014-08-14

    We’ve previously focused here and here on the split in

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Highlights from 2014 (and beyond)
    2014-07-18

    It’s a beautiful day for the beach.  Even though some of us may be at the beach today (and if you are at the beach, why didn’t you invite us?), bankruptcy, like time, waits for no one.  Wherever we happen to be, ‘tis the season for a little something light – or at least lighthearted.  In the spirit of summer Fridays, we wanted to take the opportunity to bring you some of the colorful quotes that we’ve come across in bankruptcy decisions over the past few months.  And for those of you who crave more: worry not – we’ll keep combing our records in efforts to bring you furth

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

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