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    Court pierces the corporate veil and tells designer knock off to knock-it-off
    2014-06-30

    The equitable theory of veil piercing, intended to serve as a rectifying mechanism against certain fraud, dishonesty or wrongdoing, is of particular import in the bankruptcy context given that it is an attractive remedy for a creditor of an insolvent company hoping to obtain a greater recovery on its claim. State law governs veil piercing claims and sets forth the hurdles a party must overcome in order to persuade the bankruptcy court that the debtor’s corporate formalities should be ignored.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Weil Gotshal & Manges LLP, Fraud
    Authors:
    Candace Arthur
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Are you not entertained? The SDNY weighs in on the battle between sections 363(f) and 365(h) of the Bankruptcy Code
    2014-06-19

    The conflict between sections 363(f) and 365(h) of the Bankruptcy Code involves the question of whether a debtor-le

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy beach futbol reading – World Cup edition
    2014-06-20

    To celebrate the one event that affects workplace productivity worldwide, we bring you our World Cup edition of Weil’s Bankruptcy Beach (or, in this case, multitasking while sitting in front of a screen for eight hours) Reading.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Ex-president surely feels like a room without a roof: happy not to be deemed an insider (part I)
    2014-06-24

    Who are we kidding? The topic of statutory insiders has been a blog favorite, year after year.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy Appellate Panel
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Ex-president surely feels like a room without a roof: happy not to be deemed an insider (part II)
    2014-06-25

    In Part I of our entry on Weinman v. Walker (In re Adam Aircraft Indus.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy Appellate Panel
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No confirmation without representation: new test is proposed for approval of a debtor’s proposed slate of post-confirmation officers and directors
    2014-06-17

    “I’ll be representing, representing” – Ludacris feat. Kelly Rowland

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court declines to force municipality into mediation of dispute unrelated to Chapter 9
    2014-06-13

    Readers may recall that, according to at least one bankruptcy court, chapter 9 debtors are not required to obtain bankruptcy court approval of compromises and settlements.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Mediation, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Contract remedies in the face of imminent default – what happens to state law adequate assurance and anticipatory breach in bankruptcy?
    2014-06-16

    In the approach to bankruptcy, struggling businesses may experience problems performing their contracts, and counterparties often see trouble on the horizon. What can a non-debtor counterparty do to protect itself? And how are its rights impaired when the debtor finally commences a bankruptcy case?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Breach of contract
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    How safe is the section 546(e) safe harbor? Part III: risk to the financial markets
    2014-06-11

    In Part II of this three-part entry, we mentioned that the District Court for

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Enron, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, New York State Department of Environmental Conservation, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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