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    Structured Dismissals Survive Supreme Court Scrutiny, Strict Adherence to Absolute Priority Rule Specified
    2017-03-23

    Good news: structured dismissals have survived Supreme Court scrutiny. Bad news: dismissals may be harder to structure, given yesterday’s 6-2 decision overruling the Third Circuit in Jevic narrowing the context in which they can be approved. We now have guidance on whether or not structured dismissals must follow the Bankruptcy Code’s priority scheme. The short answer is that they must.

    Filed under:
    USA, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), SCOTUS, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split
    2016-07-14

    A decision from the United States Supreme Court penned by Justice Sonia Sotomayor adopted a broad reading of “actual fraud” in section 523(a)(2)(A) of the Bankruptcy Code, which excepts from discharge debts “obtained by . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Fraud, Debt, Dissenting opinion, Common law, Bankruptcy discharge, SCOTUS, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Barred by Res Judicata & Judicially Estopped - Court Finds That Netflix Has No Chill
    2016-06-15

    By now (unless you’ve been living under a rock), we’re all familiar with the expression, “Netflix and chill.” It’s everywhere. Flooding your Instagram feed with duplicitous memes. Halloween costumes. Really, really bad pick-up lines. Like the many trite colloquialisms that have come before it, Netflix and chill’s ubiquity has begun to wane with overuse and time.

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Ninth Circuit Reminds Us of Limits to Bankruptcy Jurisdiction
    2016-05-02

    Gary Ozenne seems to love bankruptcy court.  To wit, Mr. Ozenne filed, on his own behalf, seven bankruptcy cases over the course of five years.  Mr. Ozenne has three times petitioned the United States Supreme Court, on each occasion seeking bankruptcy-related relief.  Unfortunately for Mr.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, SCOTUS, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    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

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