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    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
    Judge Tosses Bad Faith Involuntary Filing Primarily Seeking Management Change
    2016-06-28

    An involuntary petition under chapter 7 of the Bankruptcy Code filed against a Mississippi casino developer was dismissed for bad faith, even though the petitioning creditors met the statutory requirements for filing the involuntary case. In In re Diamondhead Casino Corporation, the U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bad faith, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Debora Hoehne
    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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