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    The interplay between section 502(d) of the Bankruptcy Code and SIPA’s requirement of “prompt” return of customer funds
    2014-07-29

    Canons of statutory construction are used frequently to resolve ambiguities in the Bankruptcy Code. In 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statutory interpretation, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Foreign debtor eligibility for chapter 15: the Second Circuit’s gateway requirements may not limit access after all
    2014-07-01

    On June 19, 2014, the Bankruptcy Court for the Southern District of New York once again granted Australia-based Octaviar Administration Pty Ltd. chapter 15 recognition as a foreign main proceeding, six months after the Second Circuit overturned an earlier order granting the same relief.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent bankruptcy court decision renews debate over artificial impairment
    2014-06-04

    Real estate lenders should be aware of a 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    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
    SCOTUS rules that completely underwater liens ride through, at least in a chapter 7 case
    2015-06-10

    The Supreme Court’s recent decision in Bank of America, N.A. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Securitized loan payments safe harbored under section 546(e)
    2015-05-14

    The U.S. Bankruptcy Court for the Northern District of Illinois recently held in Krol v.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Safe harbor (law), United States bankruptcy court
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Technical difficulties, efforts to avoid overtime work do not excuse a missed filing deadline
    2015-03-05

    “An attorney’s reluctance, or that of his assistant, to work after 6:30 p.m. one evening in order to meet a court-imposed filing deadline does not constitute excusable neglect.”

    – In re An

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Could a Bitcoin exchange be a commodity broker?
    2015-02-02

    This is the fourth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin, Commodity broker
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    2014: bankruptcy and restructuring annual review
    2014-12-19

    2014 has been a tumultuous year, filled with tragedy and interstellar triumphs: Ebola; Sochi; Ukraine; Flight 370; ISIS; Flight 17; Comet 67P. Life in the corporate bankruptcy and restructuring world was considerably more sedate than in the world at large. Now five and six years removed, some of the mega cases of the 2008 and 2009 era linger on and continue to generate interesting legal developments. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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