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    EFIH First Lien Trustee Petitions for Certiorari to Resolve Circuit Split over Pre-Plan Settlements
    2016-08-17

    On August 3, 2016, Delaware Trust Company, as trustee for the EFIH first lien notes, filed a petition for certiorari with the United States Supreme Court, asking the Court to review the Energy Future Holding debtors’ settlement with the EFIH first lien noteholders.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Third Circuit
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Stern and the Challenges of Armchair Originalism
    2016-07-06

    Plenty of ink has been spilled about how to apply the U.S. Supreme Court’s decision in Stern v. Marshall and the line of cases in which it sits. It is a challenging body of law for many reasons, but perhaps the most difficult reason is that the Court indicated that the scope of power that bankruptcy courts may be given today must be defined by reference to beliefs about the scope of judicial and other governmental powers at the time of the country’s founding, when divisions of governmental power were embedded in the U.S. Constitution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Consideration, Common law, Admiralty law, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Not All “Claims” Were Created Equal
    2016-06-07

    Courts have applied various standards for determining when a “claim” arises for the purposes of the Bankruptcy Code, particularly in the tort context. A recent decision from the United States Bankruptcy Court for the Western District of Pennsylvania illustrates that the standard may differ depending on whether the claim in question is a creditor’s claim against the debtor’s estate or a debtor’s claim against a third-party.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Moshe Fink
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Valuation Outside the Box: Southern District of Texas Affirms the Bankruptcy Court’s Discretion to Select Appropriate Valuation Methodologies
    2016-05-10

    In a recent decision, the United States District Court for the Southern District of Texas affirmed the bankruptcy court’s rejection of the cost methodology to value the right to use common amenities in a condominium development and, in the process, bolstered the notion that bankruptcy courts have discretion in determining what valuation methodologies are appropriate under the facts and circumstances of a particular case.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Valuation (finance), United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit Slams the Door Shut on a Loophole in Section 546(e) of the Bankruptcy Code
    2016-04-11

    In a unanimous decision arising out of the Tribune Media Company bankruptcy cases, a panel of the Second Circuit held that the safe harbor under section 546(e) of the Bankruptcy Code, which precludes avoidance of certain transfers by a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Federal preemption, Bankruptcy, Debtor, Leveraged buyout, Debtor in possession, Title 11 of the US Code, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Pro Se Creditor Out of Luck (and Time) When He Did Not File Timely Appeal - Because He Never Received Notice of Entry of the Order!
    2016-03-03

    “Sometimes, you can make no mistakes, do everything right, and still lose.”

    Captain Jean-Luc Picard, Star Trek: The Next Generation (TNG)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 - Part 4
    2016-02-04

    This is the fourth and final post in our series on Judge Sontchi’s postpetition interest decision in Energy Future Holdings, issued on October 30, 2015.  Our first post in this series analyzed Judge Sontchi’s ruling that postpetition interest on an unsecured claim does not constitute a part of the unsecured claim itself.  Our 

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Interest
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court of Appeals Reminds Debtors That Honesty Is Not Only the Best Policy, But Is Required
    2016-01-06

    As if the various statements, schedules, and reports that debtors are compelled to file with a bankruptcy court containing information about the debtor’s assets and liabilities aren’t enough of a reminder that disclosure and transparency are of utmost importance to the bankruptcy process, a recent decision by the United States Court of Appeals for the Fifth Circuit reinforces this notion.  In 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    What the future holds for make-whole claims in bankruptcy (Redux): examining the Energy Future Holdings EFIH second lien make-whole decision
    2015-11-23

    Are you feeling a bit of déjà vu?  We certainly are.  As readers know, here at the Weil Bankruptcy Blog we’ve written extensively about make-wholes.  In two previous posts, What the Future Holds for Make-Whole Claims in Bankruptcy: Examining the Energy Future Holdings EFIH First Lien Make-Whole Decision – 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Please, SIR, the plaintiffs want some more: the Southern District of Ohio weighs in on the treatment of self-insured retentions in bankruptcy
    2015-10-28

    Whether an insurer can refuse to provide coverage on the grounds that the bankrupt insured has not paid a self-insured retention (SIR) is often litigated during a bankruptcy case.  Recently, in Sturgill v.

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

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