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    Fourth Circuit Finds That Bankruptcy Court Sale Orders Should Be Granted Preclusive Effect
    2016-03-18

    In Providence Hall Associates Limited Partnership v. Wells Fargo Bank, N.A., the Fourth Circuit denied plaintiff’s attempt to receive a second bite at the apple, finding that plaintiff’s lawsuit was appropriately dismissed by the district court on res judicata grounds.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Res judicata and issue estoppel, Wells Fargo, United States bankruptcy court, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Sixth Circuit’s Take on Artificial Impairment
    2016-02-10

    In this day and age, there’s not much appetite for the artificial (whether it be artificial sweetener or feigned affection).  We want our food, relationships, and clothing to be authentic and legitimate.  Unfortunately, as demonstrated by a recent decision from the Sixth Circuit Court of Appeals, artificiality still manages to creep into certain chapter 11 plans and courtrooms in the form of “artificial impairment.”  Artificial impairment refers to a scenario whereby a debtor, which may otherwise be capable of satisfying a class of claims in full, proposes to impair the claim

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Faced with a Belated Offer for the Debtor’s Assets, Bankruptcy Court Converts the Case to Chapter 7 to Allow a Trustee to Run the Sale Process
    2016-01-13

    “‘Two roads diverged in the woods and I took the road less traveled’ [sic] … and it hurt, man! Not cool, Robert Frost! … But what if there really were two paths?  I want to be on the one that leads to awesome.”
    – Kid President (Robby Novak)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    In re Nancy Akbari-Shamirzadi round 2: TKO
    2015-12-04

    Technical Knock Out (“TKO”): a boxing term used to describe a situation where one boxer is deemed the winner after knocking the other down three times.  In this case, a TKO can also be used to describe a recent ruling by the United States District Court for the District of New Mexico.

    Filed under:
    USA, New Mexico, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Be careful — you might consent to adjudication in bankruptcy court even if you’ve expressly said you don’t
    2015-11-05

    “Once again, I’m not quite sure what that means.” – Bobby Boucher, The Waterboy

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court tells junior investors in CDO “you gotta have faith” – good faith and fair dealing, that is
    2015-10-13

    Cases analyzing rights under indentures – and the transactions holders and issuers contemplate (or not) under indentures – continue to gain attention in the restructuring world.  Some of those cases involve section 316(b) of the Trust Indenture Act (see our own blog’s recent posts) and payment rights under indentures.  Others, such

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Collateral (finance), Good faith, Collateralized debt obligation
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Our bad: bankruptcy court denies creditors’ motion to reopen chapter 7 case and vacate discharge order based on parties’ mutual mistake
    2015-09-08

    The Bankruptcy Court for the Southern District of New York recently handed down a decision declining to grant a creditor’s motion to reopen a debtor’s chapter 7 case and vacate a discharge order. Although the legal predicates at issue in that case may not be relevant to all practitioners, the case itself serves as a valuable reminder about “best” practices and provides a number of teachable moments for attorneys of all ages and practice areas.

    Background

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Default judgment, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    OAS S.A. Part III – SDNY takes a narrow view of chapter 15’s public policy exception
    2015-08-05

    Last week, we reviewed the recent decision of the Bankruptcy Court for the Southern District of New York that granted recognition to the Brazilian bankruptcy proceedings of three entities in the OAS Group (“OAS”), a Brazilian infrastructure enterprise. Part I of this series focused on the facts of the OAS cases and the objections to recognition interposed by two signific

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Onward, christian soldiers: some guidance on 363 sales, fair auctions, and proposed sales to insiders
    2015-07-08

    “[T]hey would sell their possessions and goods and distribute the proceeds to all…” Acts 2:45

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Will We Have New Rules for Corporate Bankruptcies? Recently Proposed Legislation That Could Reform Chapter 11 Practice
    2022-03-11

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Congress
    Authors:
    Furqaan Siddiqui
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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