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    Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans
    2017-10-23

    The United States Second Circuit has issued its ruling in the Momentive Performance Materials casesresolving three separate appeals by different groups of creditors of Judge Bricetti’s judgment in the United States District Court of the Southern District of New York, which affirmed

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS, Second Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Speak Now and Forever Hold Your Release: Gawker Breaks News One Last Time
    2017-01-05

    The chapter 11 cases of Gawker Media, LLC and its debtor affiliates have given the bankruptcy vultures everything they could ever hope for in one case – celebrity, scandal, a cameo by the First Amendmen

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    District Court Denys Interlocutory Appeal of Protective Order
    2016-07-19

    In the latest decision to emanate from the Madoff bankruptcy, the United States District Court for the Southern District of New York denied the appeal of a protective order that relieved Irving Picard—the court-appointed trustee—from answering discovery requests regarding his compensation arrangement with his law firm.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Injunction, Due process, Liquidation, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No American Horror Drama TV Series, but Close: Chapter 11 Case Dismissed as Resembling “Walking Dead”
    2016-06-20

    While you can probably think of other contenders, if any case “resembles the walking dead,” it is the recent case of In re Commonwealth Renewable Energy, Inc. In Commonwealth, the court was faced with a motion to dismiss the debtor’s chapter 11 case pursuant to

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court Refuses to Apply “Divestiture Doctrine” in Denying Creditors’ Committee Stay Pending Appeal
    2016-05-23

    The Weil Bankruptcy Blog frequently writes on issues revolving around equitable mootness (See Equitable Mootness on Life Support: The Third Circuit Further Pares Back the Abstention Doctrine in One2One Communications,

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Court Rejects Use of Blocking Director to Prevent Bankruptcy Filing
    2016-04-27

    Does the bankruptcy filing of a limited liability company without the approval of its “Special Member,” the secured lender serving as “blocking director,” render that filing infirm as unauthorized and subject to dismissal?  Not necessarily, held the United States Bankruptcy Court for the Northern District of Illinois in a 

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Fiduciary, Limited liability company, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Loss for the Broccoli Bar: Fifth Circuit Rules that Attorneys’ Fees Cannot be Paid from PACA Trust Assets
    2016-03-30

    Depending on the nature of its business, a debtor may encounter issues associated with the Perishable Agricultural Commodities Act (“PACA”), a statue designed to protect sellers of perishable produce. Recently, in Kingdom Fresh Produce, Inc. v.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Commodity, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    2016 Lookback Period - Six Weeks (Part 2)
    2016-02-18

    Forgot to Get a Court Order Approving a Postpetition Loan?  It May Not Matter

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    How Wide is a Worldwide Stay? Bankruptcy Court Analyzes Scope of Foreign Court’s Stay Order
    2016-01-19

    In a chapter 15 decision, In re Daebo International Shipping Co., Judge Michael E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Section 1505 - Authorization to Act In A Foreign Country
    2015-12-11

    Chapter 15 of the Bankruptcy Code was introduced more than ten years ago to “to provide effective mechanisms for dealing with cases of cross-border insolvency.”  It incorporates the Model Law on Cross-Border Insolvency (the “Model Law”) promulgated by the 

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

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