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    Interview with Bridget Marsh, Deputy General Counsel of the LSTA on Meridian Sunrise Village
    2014-09-22

    We previously covered the Meridian Sunrise Village case on the Bankruptcy Blog here.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, General counsel
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Practice pointers from the Second Circuit: a prohibited power grab can be “taxing”
    2014-08-22

    INTRODUCTION

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Debtor, Sovereign immunity, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Genco: dry bulk shipping valuations no longer anchored to discounted cash flow method
    2014-07-24

    Discounted cash flow analysis is a mainstay among the valuation methodologies used by restructuring professionals and bankruptcy courts to determine the enterprise value of a distressed business. Despite its prevalence, the United States Bankruptcy Court for the Southern District of New York recently concluded the DCF method was inappropriate for the valuation of “dry bulk” shipping companies. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Weil Gotshal & Manges LLP, Valuation (finance), Discounted cash flow, United States bankruptcy court
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Ex-president surely feels like a room without a roof: happy not to be deemed an insider (part II)
    2014-06-25

    In Part I of our entry on Weinman v. Walker (In re Adam Aircraft Indus.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy Appellate Panel
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Wave goodbye to bankruptcy waivers? (court rules LLC’s prepetition waiver of bankruptcy protection contrary to public policy)
    2014-05-30

    Secured creditors naturally want to be repaid. Sometimes secured creditors go as far as asking a debtor to waive its right to seek bankruptcy protection. Although such clauses are frequently held to be unenforceable, we previously have discussed exceptions for LLCs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Waiver, Secured creditor, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Two become one: Eighth Circuit rules that separated couple must substantively consolidate their estates
    2015-06-05

    ‘Cause Tonight / Is the Night / When 2 Become 1

    -The Spice Girls

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Eighth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive plan confirmation affirmed: subordination dispute
    2015-05-11

    Judge Vincent Bricetti of the United States District Court for the Southern District of New York issued a ruling in the Momentive Performance Materialscases affirming the Bankruptcy Court’s confirmation rulings on Monday, May 4.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include the appropriate interpretation of

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tipping point: plan clarification or plan modification? Third Circuit denies bankruptcy court’s use of its plan clarification powers to circumvent plan modification requirements of section 1127
    2015-04-06

    In post-confirmation proceedings, bankruptcy courts maintain the ability to clarify a plan where silent or ambiguous, and interpret a plan to advance equitable considerations.  However, bankruptcy courts are not allowed to modify a plan outside the confines of section

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Class action, United States bankruptcy court, Third Circuit
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling down: a deeper look into the distressed oil & gas industry part 4—smoke on the water: the hazy law of oil and gas leases on the outer continental shelf
    2015-02-26

    Today’s blog article, which looks at offshore leases in the United States, is the fourth in a Weil Bankruptcy Blog series, “Drilling Down,” a series that will look at issues at the intersection of the oil and gas industry and bankruptcy law.  In Part One we provided an overview of the oil and gas industry, in 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: small and medium sized debtor enterprises
    2015-01-28

    As a part of our continuing coverage of the 2012-2014 Final Report and Recommendations of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11, we’ve reported on a number of the Commission’s proposed revisions and reforms to the Bankruptcy Code, many of which (i.e., systemically important financial institutions, cross-border cases, DIP financing, etc.) primarily impact the traditional big players i

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Liability (financial accounting)
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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