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    “Conduct” test now the rule in the Seventh Circuit – but we still don’t know how the Seventh Circuit will deal with due process concerns
    2015-09-09

    It’s hard to believe, but until now, the Seventh Circuit has never weighed in on the issue of when a claim arises in a bankruptcy case.  As a result, the Seventh Circuit has had the luxury of sitting back, watching the Third Circuit go from Frenville to 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Why won’t the courts apply the plain language of section 1141(C)? Second Circuit misses the chance to get it right in Northern New England Telephone Operations
    2015-08-06

    Key Takeaway:  Second Circuit allows secured
    creditors to opt out of chapter 11 and preserve their liens from discharge
    .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Puh-lease, it’s a lease: bankruptcy court upholds agreements as true leases entitled to section 365(h) protections
    2015-07-14

    When is an agreement a true lease entitling the nondebtor lessee to possessory protections under section 365(h) of the Bankruptcy Code?  The United States Bankruptcy Court for the District of New Jersey addressed this issue in the 

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Will We Have New Rules for Corporate Bankruptcies? Recently Proposed Legislation That Could Reform Chapter 11 Practice
    2022-03-11

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, US Congress
    Authors:
    Furqaan Siddiqui
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Avoiding Foreign Transfers Based on Foreign Law Claims: Fairfield Sentry Cases Illustrate Broad Scope of Safe Harbor in Chapter 15
    2021-06-29

    A series of related decisions issued by the United States Bankruptcy Court for the Southern District of New York in the ongoing Fairfield Sentry U.S. redeemer litigation — Fairfield Sentry II,1Fairfield Sentry III,2 and Fairfield Sentry IV3 — provide insight into, among other things, the interplay between the safe harbor provision of section 546(e)4 of the Bankruptcy Code (the “Safe Harbor”) and chapter 15.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Officers of Selling Companies May Escape Fiduciary Duty Liability But May Be Required to Return Change of Control Payments if Company is Insolvent Post-Closing (Nine West Part 2)
    2021-01-29

    While there has been much fuss over the recent ruling by the United States District Court for the Southern District of New York in In re Nine West LBO Securities Litigation1 due to its potential ramifications for director liability, as we explored in Part I of our series on this case here, court watchers have paid less attention to the court’s treatment of officer liability and the interes

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Private equity, Due diligence
    Authors:
    Ronit J. Berkovich , Teddy Cohan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Corporate Insolvency and Governance Bill Highlights
    2020-05-21

    Today, the Government published the highly anticipated Corporate Insolvency and Governance Bill (the “CIGB”).  It legislates for the landmark changes to the UK’s corporate insolvency regime and the temporary suspension of the statutory provisions on wrongful trading announced by the Business Secretary on 28 March 2020 (see Weil’s European Restructuring Watch update of 30 March 2020).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Andrew Wilkinson , Matt Benson , Neil Devaney , Mark Lawford , Gemma Sage , Alexander Wood
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Ultra III: Make-Whole Never Dies
    2019-12-17

    A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has voided its previous near explicit declaration that make-whole provisions are always unmatured interest, and therefore subject to disallowance under section 502(b) of the Bankruptcy Code in Ultra Petroleum.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Landlord, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Ultra Petroleum Corp. Make-Whole Saga Continues
    2019-02-05

    Creditors File Petition for Rehearing En Banc After Fifth Circuit Reversal and Remand of Bankruptcy Court Decision Awarding Creditors Make-Whole and Post-Petition Interest in Accordance with the Terms of the Underlying Agreement.

    Executive Summary

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court Declines to Bind Credit Bidders to the Mast
    2018-08-27

    Section 363(k) of the Bankruptcy Code grants secured creditors the right to credit bid up to the full amount of their claim as a form of currency to bid to purchase assets securing their claim from a debtor in connection with a stand-alone sale of assets under section 363(b). In a recent opinion from the Bankruptcy Court for the District of Delaware, In re Aerogroup International, Inc., Judge Kevin J.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Secured creditor, Debtor in possession, Third Circuit, US District Court for District of Delaware
    Authors:
    Matthew Goren , Kevin Bostel
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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