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    Remembering Harvey R. Miller: chapter 11 in transition – from boom to bust and into the future
    2015-04-30

    In June of 2007, Harvey gave the keynote address at the International Institute of Insolvency.  In the address, Harvey asked the question, “Is the market headed for disaster?”  He also says, “When the bubble bursts, those left holding today’s version of tulip bulbs may be left scratching their heads and pining for the past.”  Little did Harvey (or anyone else) suspect that 15 months later, the collapse of Lehman Brothers would trigger a worldwide financial crisis.

    Introduction 

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Citing plain language of Bankruptcy Code and split with other Circuits, Fifth Circuit overturns pro-snax decision
    2015-04-22

    Prior to the enactment of the Bankruptcy Code in 1978, the Fifth Circuit took a stringent approach to the payment of attorney’s fees – holding that public policy supported restricting attorney compensation in bankruptcy cases and that attorneys should not expect to receive the same compensation as if working for a non-bankrupt concern.  Congress enacted 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Fifth Circuit
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Rent-stabilized leases: exempt or not?
    2015-04-20

    Is a rent-stabilized lease in New York a “local public assistance benefit” that is exempt from property of a debtor’s bankruptcy estate, or is it merely “a quirk of the regulatory scheme in the New York housing market[?]”  That was the question recently decided by the Second Circuit in In re Monteverde.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Welfare, Second Circuit
    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
    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
    Changes to “flexible finality”? Civic partners and the Supreme Court oral argument in bullard
    2015-04-14

    On March 3, 2015, the Eighth Circuit issued an 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Eighth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    11th Circuit confirms position that non-consensual, third-party releases are permissible
    2015-04-15

    In a recent 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Eleventh Circuit
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    More on Stern: what does “de novo review” mean?
    2015-04-16

    “How was I supposed to know that something wasn’t right here … Show me how you want it to be.  Tell me baby ‘cause I need to know now…” – Britney Spears

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Standard of review, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Death: the ultimate hardship discharge?
    2015-04-08

    Trying to discharge your personal debts?  Well, here is a new method: in 

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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