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    You Can’t Buy Me Love and You Can’t Buy a 363(f) Order
    2016-07-27

    Under Section 363(f) of the Bankruptcy Code, a debtor or trustee can sell estate assets “free and clear of any interest” in such assets. This short, simple string of six words represents one of the most powerful tools in the bankruptcy professional’s arsenal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Consent, Foreclosure, Good faith, Secured creditor, Title 11 of the US Code, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Subjective Intent to Assume Unexpired Lease of Nonresidential Real Property Deemed Insufficient
    2016-07-20

    Pursuant to a provision of the Bankruptcy Code familiar to readers of Weil’s Bankruptcy Blog (see our prior post, To Assume or Not to Assume, that Is the Question: What Act Constitutes “Assumption” Under Section 365(d)(4) of the Bankruptcy Code?), the United States District Court for the District of Delaware recently affirmed a bankruptcy c

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Landlord, Debtor in possession, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Lauren Tauro
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court Declines to Convert a Chapter 12 Case to a Chapter 11 Case
    2016-07-15

    Recently, a bankruptcy court in the First Circuit, confronted with whether the debtors’ chapter 12 case could be converted to a chapter 11 case – an issue over which there is split in the case law – determined that the Debtors’ chapter 12 case could not be converted to a chapter 11 case.

    Relevant Statutes and Statutory Provisions:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Good faith, Secured creditor, Title 11 of the US Code, US Congress, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The reorganisation plan within the new Greek Bankruptcy Code
    2010-05-28

    Summary

    The briefing provides an overview of the reorganisation plan introduced by the new Greek Bankruptcy Code. Its purpose is to set out the more important mechanics of the reorganisation plan and examine its more important ramifications within the bankruptcy process.

    The new Greek Bankruptcy Code

    Filed under:
    Greece, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Debtor, Unsecured debt, Consent, Liquidation, Constitutional amendment, Title 11 of the US Code
    Location:
    Greece
    Firm:
    Norton Rose Fulbright
    A quick overview of German insolvency law
    2008-12-31

    Summary  

    The international banking crisis has hit hard. German banks and companies are also affected. This briefing provides an insight on questions that are typically raised when persons are exposed to insolvency situations which involve proceedings initiated in Germany or abroad but have a connection to Germany in certain aspects.  

    When does German Insolvency Law apply?  

    Filed under:
    Germany, Insolvency & Restructuring, Norton Rose Fulbright, Conflict of laws, Market liquidity, Debt, Liquidation, In rem jurisdiction, Title 11 of the US Code, Federal Financial Supervisory Authority
    Location:
    Germany
    Firm:
    Norton Rose Fulbright
    FSA press release - Lehman Brothers Holding Inc
    2008-09-22

    On 15 September 2008, the FSA published a statement concerning Lehman Brothers Holding Inc.

    In the statement the FSA states that Lehman Brothers Holding Inc, a US investment bank, announced that it intends to file a petition under chapter 11 of the US Bankruptcy Code.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Norton Rose Fulbright, Investment banking, Subsidiary, Title 11 of the US Code, US Securities and Exchange Commission, Lehman Brothers, FSA
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright

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