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    The pain that comes along with walking a mile in your own shoes … Circuits refuse to allow reorganized debtors to “step in the shoes” of debtors in possession as subrogees
    2014-07-16

    Walk a mile in my shoes

    Walk a mile in my shoes

    Yeah, before you abuse, criticize and accuse

    Walk a mile in my shoes

    (Elvis Presley, “Walk a Mile in My Shoes”)

    Walk a mile in these Louboutins

    But they don’t wear these *%!# where I’m from

    I’m not hating, I’m just telling you

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor in possession
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Resolves Split on U.S. Trustee Fees
    2022-06-07

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Congress, SCOTUS
    Authors:
    Candace Arthur , Zack Tripp , Alex Cohen
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court ruling of July 10, 2014, No. 192/2014: credit arising from an interest swap is against the insolvency estate if the agreement is terminated in the interest of the insolvency
    2014-10-31

    Any restitution and compensation agreed by the judge when the  swap agreement is terminate

    Filed under:
    Spain, Derivatives, Insolvency & Restructuring, Litigation, Cuatrecasas
    Location:
    Spain
    Firm:
    Cuatrecasas
    Newsletter corporate - May, 2014 - I I I National Case Law
    2014-06-05

    Judgment of the Supreme Court of Justice of 20-03-2014 Standardization of Jurisprudence – Insolvency Proceedings  – Right of  Retention

    Filed under:
    Portugal, Insolvency & Restructuring, Litigation, Cuatrecasas
    Location:
    Portugal
    Firm:
    Cuatrecasas
    National case law
    2014-01-06

    Judgment of the Court of Appeal of Porto of 05-12-2013

    Contract Termination in Favor of the Insolvency Assets – Conditional Termination – Requirements – Bad Faith – Judicial Presumption

    Filed under:
    Portugal, Insolvency & Restructuring, Litigation, Cuatrecasas
    Location:
    Portugal
    Firm:
    Cuatrecasas
    Changes to the insolvency and restructuring companies code
    2017-08-04

    CHANGES TO THE INSOLVENCY AND RESTRUCTURING COMPANIES CODE

    The changes to the Insolvency and Restructuring Companies Code, as established in Decree-Law No. 79/2017 of June 30, entered into force on July 1 2017.

    Noteworthy changes

    A. Special revitalization proceeding (Processo Especial de Revitalizao "PER")

    1. This proceeding is now only available to companies.

    2. Requirements for this proceeding were revised.

    a. For every company:

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Cuatrecasas
    Location:
    Spain
    Firm:
    Cuatrecasas
    Madrid Commercial Court No. 1 ruling of June 10, 2014, proceedings No. 595/2013: the inefficacy of the composition agreement due to non- fulfillment renders the debt relief agreed void of effect
    2014-10-31

    When an composition agreement is terminated due to  non-fulfillment and the disappearance is declared of its effects over the credits, the affected credits will be recognized for their original amount, and the definitive texts will include the fraction pending of payment, even if the resulting amount after applying the debt relief agreed has been paid in full

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Cuatrecasas
    Location:
    Spain
    Firm:
    Cuatrecasas
    Newsletter - Restructuring - May 2014 - Madrid Commercial Court No. 8 order of December 20, 2013: assignment of agreements linked to a production unit transferred in insolvency with no need for counterparties’ consent (“Blanco case”)
    2014-05-06

    The court ruled to allow the sale of the production unit with assignment to the acquirer of the agreements involving the insolvent companies affected by the transfer of the production unit and necessary for its continuance.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Cuatrecasas, Liquidation
    Location:
    Spain
    Firm:
    Cuatrecasas
    Newsletter restructuring: case law
    2013-07-16

    SUPREME COURT RULING NO. 44/2103, OF FEBRUARY 19, 2013: INSOLVENCY CLASSIFICATION OF FINANCE LEASE INSTALMENTS DEPENDS ON SPECIFIC PROVISIONS OF THE LEASE AGREEMENT

    Supreme Court finds that where a finance lease agreement releases the lessor from liability for defects, credits resulting from payments due before the declaration of insolvency and for those falling due after it are insolvency credits  

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Cuatrecasas, Dividends, Refinancing, SCOTUS
    Location:
    Spain
    Firm:
    Cuatrecasas

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