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    There’s a thin line between equity and debt: affiliates, advances and avoiding recharacterization
    2014-12-03

    Although likely not the intent of In re Siag Aerisyn, LLC, a recent decision from the United States Bankruptcy Court for the Eastern District of Tennessee Southern Division, some might argue that the opinion serves as a how-to guide for masking a capital contribution by an affiliate as a loan constituting bona fide debt.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials: cramdown of secured creditors – Part I
    2014-09-09

    On August 26, 2014, Judge Drain, of the Bankruptcy Court for the Southern District of New York, concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders. This four-part Bankruptcy Blog series will examine Judge Drain’s rulings in detail, with Part I of this series providing you with a primer on cramdown in the secured creditor context.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, Secured creditor, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Breaking news: unanimous Supreme Court closes statutory gap, leaves other “core” Stern questions for another day (Executive Benefits Insurance Agency v. Arkison)
    2014-06-09

    This morning, the Supreme Court issued its hotly anticipated decision in Executive Benefits Insurance Agency v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Court “right-swipes” debtor’s property interest in its social media accounts
    2015-04-21

    It’s nothing new in 2015 to say that social media has become a valuable part of any company’s marketing and public relations strategy.  Companies now rely on sites like Facebook and Twitter to communicate with customers, advertise products, build brands, and shape public opinion.   Despite the obvious value such accounts provide, however, it is not always clear what rights, if any, a company may have in a social media accounts associated with its businesses or brands. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court announces Cyber Monday deals: higher fees, new rules, and revised forms
    2014-12-01

    It’s that time of year again! The bankruptcy courts’ new rules, fees, and forms come into effect today. Just like news outlets this time of year summarize where you can find the best online deals, we thought we’d take the opportunity to review this year’s bankruptcy-related amendments. Consult your local listings bankruptcy rules, statutes and forms for more detail.

    Rule Amendments

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court weighs in on subsequent new value circuit split
    2014-09-05

    Judge Christopher Sontchi of the United States Bankruptcy Court for the District of Delaware has now weighed in on a hotly debated circuit court split.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fourth Circuit holds that chapter 7 trustees are entitled to commission-based payments in the absence of extraordinary circumstances
    2014-06-06

    Professional compensation is often a contentious issue in bankruptcy, as we have previously discussed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit, Trustee
    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
    Thoughts on a new age of consent: what does consent mean with respect to Stern claims?
    2014-11-18

    “Will you, won’t you, will you, won’t you, won’t you join the dance?” – The Mock Turtle’s Song, Lewis Carroll’s Alice’s Adventures in Wonderland

    Vinny Gambini: Are you suuuuure? Mona Lisa Vito: I’m positive. – My Cousin Vinny

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Subject-matter jurisdiction, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Flexibility on finality: over dissent, First Circuit splits from majority in holding that orders denying relief from stay are not always final
    2014-08-25

    The United States Court of Appeals for the First Circuit contributed to a circuit split regarding jurisdiction in its recent decision in Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Bankruptcy Appellate Panel, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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