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    Aviation Chapter 11 Cases Take Flight
    2022-04-19

    The COVID-19 pandemic hit the bottom line of many businesses. Among the hardest hit industries has been the travel industry and, in particular, airlines and aviation companies. Many airlines are still struggling to generate new ticket sales as compared to pre-pandemic levels and average fares remain depressed.1 One industry source predicts that passenger numbers will not return to 2019 levels prior to 2024.2 Compounding this are increased costs of fuel (up 35% so far this year) and other expenses.3

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Kelly DiBlasi
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Seventh Circuit’s Deprizio doctrine and its aftermath
    2015-06-11

    In this Throwback Thursday piece, we revisit the Seventh Circuit’s landmark decision Levit v. Ingersoll Rand Financial Corp. (In re Deprizio), better known as Deprizio.  This decision was a contender for best quote in a case in Weil’s 2014 March Madness competition.  As we noted then, “Mr.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Supreme Court rigidly applies the rules of “flexible finality” in Bullard v. Blue Hills Bank
    2015-05-18

    As we previously reported, on April 1, 2015, the Supreme Court heard oral argument inBullard v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can a bankruptcy court order a non-debtor to dismiss a state court lawsuit? It depends on the nature of the claim—and how long the non-debtor waits to object.
    2015-04-13

    The United States Bankruptcy Court for the Southern District of Texas in In re Waco Town Square Partners, L.P., et al. considered whether it had the authority to order a non-debtor to dismiss a state court lawsuit.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Involuntary dismissal, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Making an exit, part II: ABI Commission recommendations on chapter 11 plan content, voting and exit orders
    2015-03-09

    We resume our ongoing coverage of the Report of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 as it relates to exiting the chapter 11 case. A prior post highlighted key proposals about plan voting, and today’s post discusses key proposals about plan settlements, exculpation and release provisions, and exit orders.

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit holds secured creditor to errant termination statement filing
    2015-02-03

    A recent decision out of the United States Court of Appeals for the Second Circuit serves as a powerful reminder of why lawyers are taught to take care in even the most ministerial of tasks. In Official Comm. of Unsecured Creditors of Motors Liquidation Co. v. JPMorgan Chase Bank, N.A.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Secured creditor, JPMorgan Chase, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Class action in bankruptcy: “no representation without designation!” said the Second Circuit
    2015-01-06

    In a recent decision by the Second Circuit, Lucas v. Dynegy Inc. (In re Dynegy, Inc.), No. 13-2581 (2d. Cir. Oct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Class action, Second Circuit, United States bankruptcy court
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Interest in an LLC: property or a contractual right? You decide (but we are warning you the stakes are high)!
    2014-11-25

    Should a membership agreement governing a debtor’s interest in an LLC be treated as property of the estate or an executory contract? Equally, should a debtor’s economic and non-economic interests in an LLC be treated as property or a contractual right? Can’t make up your mind? Don’t worry—the bankruptcy courts can’t either.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    WARN Act plaintiffs ask, “Are You My Employer?”
    2014-10-22

    In the well-known children’s story book written by P.D. Eastman and edited by beloved Dr. Seuss, a baby bird embarks on a quest to find his mother, asking a hen, a dog, and a kitten, among others, the famous question, “Are you my mother?”   If Dr. Seuss had penned the recently-decided case of Thielman v. MF Global Holdings, Ltd.

    Filed under:
    USA, New York, Capital Markets, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No loss is no defence: asset-flipping and fraudulent misrepresentation in receiverships
    2014-09-29

    This article has been contributed to the blog by Caitlin Fell and Mary Angela Rowe. Caitlin Fell is an Associate in the Insolvency & Restructuring group of Osler, Hoskin & Harcourt LLP.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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