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    Bankruptcy court decision sheds light on cross-border eligibility, venue, and COMI issues (part one)
    2014-12-11

    Businesses with a global footprint require agile, sophisticated counsel possessing in-depth knowledge of the international aspects of bankruptcy and restructuring. The bankruptcy court 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive postscript – Bankruptcy Rule 3018: vote changing on Chapter 11 plans: you can’t have your cake and eat it, too
    2014-11-03

    “Life is not about perfect information. Life is about choices, which is why you have elections.”

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent “family farmer” case shows how secured creditors can avoid being plowed down by unfair cramdown provisions
    2014-10-31

    There has been quite a lot of discussion over the past few months about the bench rulings issued by Judge Drain of the Bankruptcy Court for the Southern District of New York inMomentive Performance Materials (see our extensive coverage in four parts here, 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    WARN Act plaintiffs ask, “Are You My Employer?”
    2014-10-22

    In the well-known children’s story book written by P.D. Eastman and edited by beloved Dr. Seuss, a baby bird embarks on a quest to find his mother, asking a hen, a dog, and a kitten, among others, the famous question, “Are you my mother?”   If Dr. Seuss had penned the recently-decided case of Thielman v. MF Global Holdings, Ltd.

    Filed under:
    USA, New York, Capital Markets, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    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: subordination is as subordination does
    2014-09-11

    As we began discussing this week in our previous entries, on August 26, 2014, Judge Drain of the Bankruptcy Court for the Southern District of New York issued a momentous bench ruling in connection with the confirmation hearing of 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials: cramdown of secured creditors – Part II
    2014-09-10

    On August 26, 2014, Judge Drain concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials: cramdown of secured creditors – Part I
    2014-09-09

    On August 26, 2014, Judge Drain, of the Bankruptcy Court for the Southern District of New York, concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders. This four-part Bankruptcy Blog series will examine Judge Drain’s rulings in detail, with Part I of this series providing you with a primer on cramdown in the secured creditor context.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, Secured creditor, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The business behind renting a resort villa
    2014-08-28

    Some of our readers may have had the pleasure of renting a resort villa during their summer vacation (electronic postcards of such fancy digs are always welcome at the Weil Bankruptcy Blog, especially if you pose for a photo where you are reading one of our entries!). For the uninitiated (including yours truly), villas are often viewed as the ultimate upgrade for privacy and convenience when staying at a large resort for a week or more—a private home with the luxuries of a full service hotel.

    Filed under:
    USA, New York, Insolvency & Restructuring, Leisure & Tourism, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Genco: future earnings? That was then; this is now
    2014-08-06

    Bankruptcy courts typically rely on three valuation methods to determine a debtor’s enterprise value: comparable company analysis, precedent transaction analysis, and discounted cash flow analysis.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Shipping & Transport, Weil Gotshal & Manges LLP, Debtor, Valuation (finance)
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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