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    The Thirteenth Labor of Hercules: Bankruptcy Court Confirms Hercules Offshore Chapter 11 Plan, Approving Debtor Releases Over Committee Objections
    2017-03-21

    In a recent decision by the United States Bankruptcy Court for the District of Delaware, In re Hercules Offshore, Inc., et al., Judge Kevin J. Carey confirmed Hercules Offshore’s plan over objections by the Equity Committee—including an objection to allegedly impermissible plan releases and exculpations.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Notice over Science: Delaware Bankruptcy Court Enforces Bar Date Against Asbestos Creditor Based on Actual Notice Standard
    2017-01-30

    In chapter 11 reorganizations, Federal Rule of Bankruptcy Procedure 3003(c)(3) provides that “[t]he court shall fix and for cause shown may extend the time within which proofs of claim or interest may be filed” (commonly known as the bar date). For a creditor or interest holder to be subject to this bar date, they must have received notice to satisfy due process. A known creditor, one that is reasonably ascertainable, must receive “actual notice.” Simply receiving a court-approved bar date notice from the debtor is enough to satisfy this requirement for due process.

    Filed under:
    USA, Delaware, Environment & Climate Change, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Environmental Protection Agency, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Law on CCAA asset sales clarified in Nortel proceedings
    2009-08-12

    The highly publicized announcement by Nortel Networks Corporation (together with its subsidiaries and affiliates, “Nortel”) of its intention to sell certain of its businesses has provided an opportunity for the Ontario Superior Court of Justice to settle the state of the law in Ontario (and, hopefully, across Canada) on the sale of all or substantially all of an entity’s assets within a Companies’ Creditors Arrangement Act (“CCAA”) proceedings.

    Filed under:
    Canada, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Telecoms, Norton Rose Fulbright, Bankruptcy, Debtor, Good faith, Business judgement rule, Subsidiary, Companies' Creditors Arrangement Act 1933 (Canada), United States bankruptcy court, US District Court for District of Delaware, Ontario Superior Court of Justice
    Authors:
    Evan Cobb
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP

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