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    Busted! Sixth Circuit holds creditor’s threat to pursue criminal charges against debtor falls outside criminal prosecution exception to automatic stay
    2015-10-20

    It is widely known that one of the basic tenets of U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court, Sixth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Same dollars, different treatment: Tenth Circuit holds that distributions from a retirement plan do not fall within the Colorado state law exemption statute
    2015-07-16

    Although almost all of an individual debtor’s assets become property of the estate upon a bankruptcy filing, certain exceptions exist to the rule at both the federal and state level.  In some jurisdictions, funds held for a debtor in retirement plans are exempt assets.  An open question, however, is whether payments distributed from such plans prior to the petition date are also exempt assets.  The United States Court of Appeals for the Tenth Circuit recently held in 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    To Make-Whole … or Not
    2019-01-22

    Fifth Circuit Holds that Disallowance of Claim Pursuant to the Bankruptcy Code Does Not Render Such Claim Impaired and Casts Doubt on Creditors’ Ability to Recover Make-Whole Amounts or Post-Petition Interest at the Default Contract Rate

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, United States bankruptcy court
    Authors:
    Alfredo R. Perez
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Extra-territorial Transfers Don’t Phone Home: Revisiting the Presumption Against Extraterritoriality in Ampal-American
    2017-03-07

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split
    2016-07-14

    A decision from the United States Supreme Court penned by Justice Sonia Sotomayor adopted a broad reading of “actual fraud” in section 523(a)(2)(A) of the Bankruptcy Code, which excepts from discharge debts “obtained by . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Fraud, Debt, Dissenting opinion, Common law, Bankruptcy discharge, SCOTUS, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Lookback Period - Twelve Weeks (pt. 4)
    2016-05-27

    Court Looks to the Knowledge of the Transferees in Madoff

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Florida Bankruptcy Court Finds That It Should Abstain From Involuntary Cases Against Florida Real Estate Developer (No, Not THAT Florida Real Estate Developer)
    2016-04-07

    When is a claim contingent? When is a claim subject to a bona fide dispute and who has the burden of proof? When is a claim against a person? When is a claim too small to count? When is an alleged debtor generally not paying his debts as they come due? Are we there yet?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor, Legal burden of proof, Good faith, United States bankruptcy court
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No Authorization? No Problem. Court Finds that Unauthorized Loan Is Entitled to Priority Status
    2016-01-14

    In 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Want to know a secret? Go to bankruptcy court
    2015-10-15

    There are no secrets in bankruptcy, or at least only in very limited circumstances, according to a recent decision in 

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Debt or equity? Which Circuit? Recent cases on equitable recharacterization
    2015-07-15

    Seeking to recharacterize a debt claim as an equity contribution to the debtor through the equitable powers of the bankruptcy court (something we’ve written about quite a bit in our blog) is one way to reduce creditor claims against the bankruptcy estate, but only in certain circuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Debt, United States bankruptcy court
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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