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    SDNY bankruptcy court says claims against insurer need not be “inextricably intertwined” with insurer’s relationship with debtor to fall within scope of channeling injunction
    2015-08-11

    As the adage goes, everything old is new again.  Just like old fads coming back into style, bankruptcy issues that first arose decades ago seem to present themselves again and again over the years, albeit with a different set of facts.  Such is the case with the bankruptcy of Johns-Manville Corporation and its affiliates.  Despite Manville’s emergence from bankruptcy in 1988, questions regarding the protections of the channeling injunction issued under Manville’s chapter 11 plan continue to present themselves today.  Much to the relief of one of Manville’s insurers, in a

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP, Injunction, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    OAS S.A. Part II – SDNY holds that Austrian financing subsidiary has its center of main interests in Brazil
    2015-07-28

    On July 13, 2015, the Bankruptcy Court for the Southern District of New York 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Subsidiary, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Getting off on the Right Foot: Bankruptcy Court Rejects U.S. Trustee’s Unconventional Position That Management Consultant Must be Retained Under Section 327 of the Bankruptcy Code
    2018-08-10

    In In re Nine West Holdings, Inc., the United States Bankruptcy Court for the Southern District of New York overruled the U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court, US District Court for SDNY
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Joint Plan Cramdown: Per Plan or Per Debtor?
    2018-07-24

    The Bankruptcy Code’s cramdown provisions are a powerful tool for debtors in the plan confirmation process. Pursuant to section 1129(a)(10) of the Bankruptcy Code, a plan may be confirmed if, among other things, “at least one class of claims that is impaired under the plan has accepted the plan.” Once there is an impaired accepting class, and assuming certain requirements are met, the plan may then be “crammed down” on all other classes of impaired creditors that reject the plan and those creditors will be bound by the terms of a plan they rejected.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, US District Court for SDNY
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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