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    Justice Scalia, Remembered
    2016-02-16

    On Saturday, February 13, Antonin Scalia, Associate Justice of the United States Supreme Court, passed away.  Although there has been no shortage of media coverage (and brouhaha regarding Justice Scalia’s successor and the process for appointing same), we at the Weil Bankruptcy Blog want to take a moment to pay our respects.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court grants cert to consider actual fraud bar in section 523(a)(2)(a)
    2015-11-17

    After a busy term last Spring that saw the United States Supreme Court issue decisions in Bank of America, N.A. v. Caulkett and Baker Botts v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Fraud, SCOTUS
    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
    The Third Circuit Lets the Katz Out of the Bag: No Sovereign Immunity for California in the Post-Confirmation Venoco Dispute
    2021-12-16

    The Executive Summary provided a short version of the facts. The next few paragraphs provide a longer version, or you can skip to the next section.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, European Commission, SCOTUS
    Authors:
    Ronit J. Berkovich
    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
    No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents
    2021-06-11

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Internal Revenue Code (USA), Internal Revenue Service (USA), SCOTUS
    Authors:
    Robert Lemons , Alex Xiao
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Will Tell Us Soon if Creditor Violates Automatic Stay by Passively Retaining Debtor’s Property
    2020-01-27

    The United States Supreme Court has granted certiorari on an issue that has greatly divided Circuit Courts of Appeal – the question of whether an entity that retains possession of a debtor’s property has an affirmative obligation to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition or risk being in violation of the automatic stay.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, SCOTUS
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Going Once, Going Twice: Avoiding a Prepetition Foreclosure Sale in Chapter 11
    2018-10-22

    Among the many protections afforded creditors under the Bankruptcy Code is the estate’s ability to avoid transfers made before the petition date that benefit certain creditors at the expense of others. These so-called avoidance actions are primarily governed by Sections 544, 547 and 548 of the Bankruptcy Code, which set forth the requirements for challenging prepetition transfers as preferential or fraudulent.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Congress, SCOTUS, United States bankruptcy court, Third Circuit
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Momentous Rejection: United States Supreme Court Declines to Review Second Circuit’s Momentive Make-Whole Opinion
    2018-10-02

    The United States Supreme Court recently declined to review the United States Court of Appeals for the Second Circuit’s opinion in Momentive Performance Materials Inc. v. BOKF, NA. BOKF and Wilmington Trust, indenture trustees for Momentive’s First Lien Notes and 1.5 Lien Notes (which we’ll refer to as the “Senior Notes”) respectively, each submitted certiorari petitions after the Second Circuit held that they were not entitled to receive make-whole premiums following Momentive’s bankruptcy.

    What Is a Make-Whole?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Authors:
    Andrew J. Yoon , David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. Bank N.A. v. Village at Lakeridge, LLC
    2018-03-08

    It’s been an interesting couple of weeks for bankruptcy at the United States Supreme Court with two bankruptcy-related decisions released in back-to-back weeks. Last week, the Supreme Court issued an important decision delineating the scope of section 546(e) of the Bankruptcy Code (discussed here [1] for those who missed it).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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