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    Let Me Be Clear: Fifth Circuit Holds Generic Plan Release Language Lacks Specificity to Discharge Creditor’s Claims Against Officer of the Debtor
    2016-02-01

    When it comes to releases, plan proponents generally agree the broader the better.  But when plan proponents include far reaching and all-encompassing language in hopes of securing a release for every possible claim under the sun, they sometimes overlook the very claims for which they may actual want a release.  This was the case in a recent decision, 

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Fair Labor Standards Act 1938 (USA), Fifth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    50 Cent: You Love Him in a Bentley, But Would You Love Him on a Bus? 50’s Creditors Have 21 Questions, and They’re All About U.S. Bankruptcy Law
    2016-02-02

    ♫ “Girl, it’s easy to love me now.

    Would you love me if I was down and out?

    Would you still have love for me?” ♫

    -50 Cent, 21 Questions

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP
    Authors:
    David J. Cohen
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sentinel Appeal Part II: Seventh Circuit Discusses Equitable Subordination of Non-Insider
    2016-01-26

    Yesterday’s post discussed the recent appellate ruling in Sentinel’s bankruptcy, Grede v. Bank of New York Mellon Corp.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bench trial, Seventh Circuit
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit Wyly’ing Out? Asset Freeze Order Doesn’t Violate the Automatic Stay
    2016-01-27

    Recently, in SEC v. Miller, No. 14-4261-cv (2d Cir. Dec.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Securities fraud, Second Circuit
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Court Rules Parties Lack Standing, Reminds Litigants of the Parameters of §1109(b)
    2016-01-22

    Generally when parties to a dispute work out a settlement they can breathe a sigh of relief and put their differences behind them.  OK – it’s a little more complicated than that when one of the parties is a chapter 11 debtor that must seek relief from the bankruptcy court to approve the settlement.  But what if a party objects?  Things get a bit more complicated.  And what if the objecting party has no apparent pecuniary interest at stake?  In that scenario, the settling parties can rest a little easier as the bankruptcy court in 

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Standing (law), United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sentinel Appeal Part I - Seventh Circuit Discusses Inquiry Notice
    2016-01-25

    In the latest ruling in the long-running dispute in Sentinel Management’s bankruptcy case, the Seventh Circuit recently held that a bank employee’s suspicions about the source of the bank’s collateral should have put the bank on inquiry notice, thus precluding the bank from asserting a “good faith” defense to a fraudulent transfer claim that a liquidating trustee brought against the bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Seventh Circuit
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    How Wide is a Worldwide Stay? Bankruptcy Court Analyzes Scope of Foreign Court’s Stay Order
    2016-01-19

    In a chapter 15 decision, In re Daebo International Shipping Co., Judge Michael E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    You’ve Got a Lot of Chutzpah: Pondering the Prevalence of Chutzpah as a Legal Term, and Revisiting the Very Issue of Chutzpah
    2016-01-20

    On January 19, 2016, the Fifth Circuit Court of Appeals 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Faced with a Belated Offer for the Debtor’s Assets, Bankruptcy Court Converts the Case to Chapter 7 to Allow a Trustee to Run the Sale Process
    2016-01-13

    “‘Two roads diverged in the woods and I took the road less traveled’ [sic] … and it hurt, man! Not cool, Robert Frost! … But what if there really were two paths?  I want to be on the one that leads to awesome.”
    – Kid President (Robby Novak)

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No Authorization? No Problem. Court Finds that Unauthorized Loan Is Entitled to Priority Status
    2016-01-14

    In 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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