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    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
    Momentive plan confirmation affirmed: I can see clearly now the claim has gone
    2015-06-16

    On May 4, Judge Vincent Bricetti of the United States District Court for the Southern District of New York issued a ruling in the Momentive Performance Materials cases affirming the bankruptcy court’s confirmation rulings.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The interplay between section 502(d) of the Bankruptcy Code and SIPA’s requirement of “prompt” return of customer funds
    2014-07-29

    Canons of statutory construction are used frequently to resolve ambiguities in the Bankruptcy Code. In 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statutory interpretation, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive plan confirmation affirmed: efficient market cramdown interest rate unlikely in Second Circuit any time soon
    2015-06-02

    Judge Vincent Bricetti of the United States District Court for the Southern District of New York issued a ruling in the Momentive Performance Materials cases affirming the bankruptcy court’s confirmation rulings on Monday, May 4.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include the appropriate interpretation of certain inde

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Second Circuit
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Release me! Release me!: S.D.N.Y Bankruptcy Court upholds certain non-consensual non-debtor releases granted by unimpaired creditors and equity holders
    2014-07-22

    One topic we regularly write about on the Bankruptcy Blog is releases – especially third-party releases. In fact, as recently as Thursday, we wrote about third-party releases. The topic of third-party releases is often controversial, and circuits disagree about the extent to which they are permissible, if at all.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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