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    California court holds implied consent is a valid alternative basis to surcharge secured creditors’ collateral
    2015-10-19

    It has long been the case that secured creditors could be charged for the reasonable and necessary costs incurred to preserve the value of their collateral.  This equitable principle emerges out of case law that predates not only the current Bankruptcy Code, but also its immediate predecessor, the Bankruptcy Act of 1938.  As now codified in section 50

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Collateral (finance), Secured creditor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Think you got a blank check? Think again
    2015-09-16

    In the United States Supreme Court’s plurality opinion in Hamdi v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    SDNY bankruptcy court says claims against insurer need not be “inextricably intertwined” with insurer’s relationship with debtor to fall within scope of channeling injunction
    2015-08-11

    As the adage goes, everything old is new again.  Just like old fads coming back into style, bankruptcy issues that first arose decades ago seem to present themselves again and again over the years, albeit with a different set of facts.  Such is the case with the bankruptcy of Johns-Manville Corporation and its affiliates.  Despite Manville’s emergence from bankruptcy in 1988, questions regarding the protections of the channeling injunction issued under Manville’s chapter 11 plan continue to present themselves today.  Much to the relief of one of Manville’s insurers, in a

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP, Injunction, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Same dollars, different treatment: Tenth Circuit holds that distributions from a retirement plan do not fall within the Colorado state law exemption statute
    2015-07-16

    Although almost all of an individual debtor’s assets become property of the estate upon a bankruptcy filing, certain exceptions exist to the rule at both the federal and state level.  In some jurisdictions, funds held for a debtor in retirement plans are exempt assets.  An open question, however, is whether payments distributed from such plans prior to the petition date are also exempt assets.  The United States Court of Appeals for the Tenth Circuit recently held in 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Prepetition Claim or Postpetition Claim? The Timing of a Claim When A Debtor’s Prepetition Wrongful Actions Continue Postpetition
    2021-11-30

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Officers of Selling Companies May Escape Fiduciary Duty Liability But May Be Required to Return Change of Control Payments if Company is Insolvent Post-Closing (Nine West Part 2)
    2021-01-29

    While there has been much fuss over the recent ruling by the United States District Court for the Southern District of New York in In re Nine West LBO Securities Litigation1 due to its potential ramifications for director liability, as we explored in Part I of our series on this case here, court watchers have paid less attention to the court’s treatment of officer liability and the interes

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Private equity, Due diligence
    Authors:
    Ronit J. Berkovich , Teddy Cohan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Covenant of Good Faith and Fair Dealing Examined: La Paloma
    2020-01-30

    On January 13, 2020, the United States Bankruptcy Court for the District of Delaware issued an opinion in In re La Paloma Generating Company, LLC., Case No. 16-12700 [Adv. Pro.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    To Retain (Under Section 327(a) or 363(b) of the Bankruptcy Code) or Not to Retain? Retention of Liquidation Consultants in Bankruptcy Cases
    2019-03-22

    In a recent opinion – In re Heritage Home Group LLC, et al., Case No. 18-11736 (KG), 2018 WL 4684802 (Bankr. D. Del. Sept. 27, 2018) – the Delaware Bankruptcy Court addressed the longstanding issue of which professional persons must be retained under section 327(a) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Liquidation, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem
    2018-08-20

    Recently in Novinda,1 the Tenth Circuit Bankruptcy Appellate Panel2 upheld the separate classification of creditor claims in a chapter 11 plan on the basis that, among other things, such c

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Breach of contract, Tenth Circuit
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fees, Fees, Fees: SDNY Bankruptcy Court Questions the Ongoing Validity of the “Blackstone Protocol” for Investment Banker Fees in Chapter 11 Cases
    2017-03-31

    Background: Professionals’ Fees in Chapter 11 cases

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, United States bankruptcy court, US District Court for SDNY
    Authors:
    Eli Blechman
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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