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    Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem
    2018-08-20

    Recently in Novinda,1 the Tenth Circuit Bankruptcy Appellate Panel2 upheld the separate classification of creditor claims in a chapter 11 plan on the basis that, among other things, such c

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Breach of contract, Tenth Circuit
    Authors:
    Andriana Georgallas
    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
    Wasn’t Me: The Insured vs. Insured Exclusion (“Side A”)
    2018-09-04

    In the novel A Frolic of His Own, by William Gaddis1, the protagonist, Oscar Crease, is run over by his own driverless car when it slips from park into neutral while Oscar is standing in front of the car trying to hot-wire it.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, National Labor Relations Board (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Getting off on the Right Foot: Bankruptcy Court Rejects U.S. Trustee’s Unconventional Position That Management Consultant Must be Retained Under Section 327 of the Bankruptcy Code
    2018-08-10

    In In re Nine West Holdings, Inc., the United States Bankruptcy Court for the Southern District of New York overruled the U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Absolute(ly) No - A Reminder That When It Comes to Reorganization, Equity Comes Last
    2018-08-06

    A fundamental tenet of chapter 11 bankruptcies is the absolute priority rule. Initially a judge-created doctrine, the absolute priority rule was partially codified in section 1129(b)(2)(B)(ii) of the Bankruptcy Code. Under section 1129, plans must be “fair and equitable” in order to be confirmed.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor
    Authors:
    Kelly DiBlasi , Eli Blechman
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Check is Transferred When It’s Honored, Not Delivered
    2018-07-30

    Readers familiar with contract law undoubtedly know the “mailbox rule,” that an offer is accepted the moment a document goes in the mail.1 The United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) recently dealt with its own variant of the mailbox rule: does the issuance of a check constitute a transfer of estate assets on the date the check is delivered or on the date it is honored?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Ninth Circuit, Bankruptcy Appellate Panel
    Authors:
    Matt Barr , Lauren Tauro
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Joint Plan Cramdown: Per Plan or Per Debtor?
    2018-07-24

    The Bankruptcy Code’s cramdown provisions are a powerful tool for debtors in the plan confirmation process. Pursuant to section 1129(a)(10) of the Bankruptcy Code, a plan may be confirmed if, among other things, “at least one class of claims that is impaired under the plan has accepted the plan.” Once there is an impaired accepting class, and assuming certain requirements are met, the plan may then be “crammed down” on all other classes of impaired creditors that reject the plan and those creditors will be bound by the terms of a plan they rejected.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, US District Court for the Southern District of New York
    Authors:
    Matthew Goren , Moshe Fink
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    From Gucci to Knock-off: How Bankruptcy Leaves Trademark Licensees at Risk
    2018-07-17

    If you were to walk down Fifth Avenue and see a store displaying a white apple suspended in a large glass case, more likely than not you would immediately think of the California-based tech giant who shares its name with the nutritious snack. Similarly, if the person walking in front of you on your way to the Apple store lifted her heel to reveal a candy-apple red shoe sole, more likely than not the name Christian Louboutin would pop into your head.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Weil Gotshal & Manges LLP
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Upon Further Review, Ninth Circuit Finds No Flag On the Play - Creditor Allowed to Block Tackle a Cram-Up Plan Following Claims Purchases
    2018-06-29

    Weil Summer Associate David Rybak contributed to this post

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, US House Committee on the Judiciary, Ninth Circuit, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Fifth Circuit Considers Enforceability of “Golden Share” Provisions in Franchise Services
    2018-06-15

    In a recent decision, the Fifth Circuit narrowly held that federal law does not prevent a bona fide shareholder from exercising its voting right in the company’s charter to prevent the filing by the company of a bankruptcy petition merely because it is also an unsecured creditor. In re Franchise Servs. of N. Am., Inc., 891 F.3d 198, 203 (5th Cir. 2018).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured creditor, Fifth Circuit
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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