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    Want to shop? Don’t let bankruptcy stop you!
    2015-01-21

    The automatic stay is a powerful tool of the Bankruptcy Code, affording debtors a breathing spell from creditors seeking payment. Section 362(k)(1) of the Bankruptcy Code reinforces the stay by allowing individual debtors to recover actual and punitive damages for willful violations.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    There’s a thin line between equity and debt: affiliates, advances and avoiding recharacterization
    2014-12-03

    Although likely not the intent of In re Siag Aerisyn, LLC, a recent decision from the United States Bankruptcy Court for the Eastern District of Tennessee Southern Division, some might argue that the opinion serves as a how-to guide for masking a capital contribution by an affiliate as a loan constituting bona fide debt.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    To deem accepted or not to deem accepted . . . that is the question
    2014-11-05

    Yesterday, many citizens all over the country voted for local and state leaders and proposed ballot measures in their districts. Social media was abuzz with uploaded photos of individuals donning “I voted” stickers, and timelines were flooded with status messages urging people to exercise their civic rights and vote. Nevertheless, there were also those that opted not to vote, and their respective reasons varied.

    Filed under:
    USA, New Mexico, Insolvency & Restructuring, Litigation, Public, Weil Gotshal & Manges LLP
    Authors:
    Candace Arthur
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Brazilian reorganization plan: fundamentally fair or wholesale trampling of creditors’ rights?
    2014-10-09

    The United States Bankruptcy Court for the Southern District of New York was recently presented in In re Rede Energia, S.A.with the question of whether a confirmed Brazilian reorganization plan for Rede Energia, S.A. should be enforced in the United States.

    Filed under:
    Brazil, USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sunny Singh
    Location:
    Brazil, USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials Part IV: make-wholes and third party releases
    2014-09-12

    This is the last entry in our four-part series analyzing Judge Drain’s widely read bench ruling issued on August 26, 2014 in connection with the confirmation hearing of Momentive Performance Materials and its affiliated debtors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Ninth Circuit waits for no one
    2014-08-13

    “If ye continue in the faith grounded and settled, and be not moved away from the hope of [EBIA v. Arkison]. . .”

    – Colossians 1:23, King James version (as revised)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Subject-matter jurisdiction, Ninth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Fourth Circuit provides a useful roadmap for debtor’s seeking third-party releases
    2014-07-17

    The inclusion of third-party releases in plan of reorganization can be a particularly contentious aspect of the plan confirmation process. Debtors seeking such releases typically face opposition from affected creditors and scrutiny from bankruptcy courts that consider such releases prone to abuse.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court declines to force municipality into mediation of dispute unrelated to Chapter 9
    2014-06-13

    Readers may recall that, according to at least one bankruptcy court, chapter 9 debtors are not required to obtain bankruptcy court approval of compromises and settlements.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Mediation, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply by Utilizing a U.S. Bank Account in a Transaction with Another Foreign Entity
    2022-06-27

    A foreign (non-U.S.) company can be dragged unwillingly into a U.S. bankruptcy case if the bankruptcy court has “personal jurisdiction” over the company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Ronit J. Berkovich , Furqaan Siddiqui
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Seventh Circuit’s Deprizio doctrine and its aftermath
    2015-06-11

    In this Throwback Thursday piece, we revisit the Seventh Circuit’s landmark decision Levit v. Ingersoll Rand Financial Corp. (In re Deprizio), better known as Deprizio.  This decision was a contender for best quote in a case in Weil’s 2014 March Madness competition.  As we noted then, “Mr.

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

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