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    The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
    2021-04-09

    Executive Summary

    On March 15, 2021, the Third Circuit Court of Appeals (the “Third Circuit”) held that a stalking horse bidder may assert an administrative expense claim pursuant to section 503(b)(1)(A) of the Bankruptcy Code for costs incurred in attempting to close on an unsuccessful transaction, even when the stalking horse bidder is not entitled to a breakup or termination fee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Due diligence
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No Setoff Here: Third Circuit Resolves Triangular Setoff Debate Once and for All
    2021-04-03

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Matt Barr , Ryan C. Rolston
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
    2021-03-29

    Bankruptcy courts often dismiss appeals of chapter 11 plans when granting the relief requested in the appeal would undermine the finality and reliability of the corresponding plans, a doctrine known as Equitable Mootness. Over the past several years, certain circuits criticized the doctrine for its lack of statutory basis and effect of avoiding review on the merits.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Robert Lemons , Patrick Feeney
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Extension of Restrictions on Statutory Demands, Winding Up and Suspension of Liability for Wrongful Trading to 30 June 2021
    2021-03-25

    On Wednesday 24 March, the government confirmed that it will be extending the current temporary restrictions on statutory demands and winding-up petitions and the temporary suspension of directors’ liability for wrongful trading put in place under the Corporate Insolvency and Governance Act 2020, until 30 June 2021.

    The extensions, set out in the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021, laid before parliament on 24 March, will come into effect on 26 March 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Natasha Ayres , Neil Devaney , Matt Benson , Mark Lawford , Gemma Sage , Andrew Wilkinson
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Connected party pre-packs: the new rules
    2021-03-09

    On 24 February, the Government published draft regulations that, if implemented, will impose new restrictions on pre-pack administration sales to connected parties. For all `substantial disposals' (which will include `pre-pack' sales) to connected parties, taking place within eight weeks of the administrators' appointment, the administrators will either need creditor consent or a report from an independent `evaluator'.

    Context

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Authors:
    Mark Lawford , Linton Bloomberg , Aziz Abdul , Natasha Ayres
    Location:
    European Union, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Manville Channeling Order Still Effective After More Than 30 Years
    2021-03-05

    In a recent decision, the United States District Court for the Southern District of New York upheld a bankruptcy court order that enjoined a plaintiff holding an asbestos claim from pursuing a state court products liability claim against the successor to Manville Forest Products Corporate (“MFP”). Notably, the Court reaffirmed that a claim relating to prepetition exposure to asbestos is a prepetition claim, even though the injury may not have manifested itself until after the petition date.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Jacqueline Marcus
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Manville Channeling Order Still Effective After More Than 30 Years
    2021-03-05

    In a recent decision, the United States District Court for the Southern District of New York upheld a bankruptcy court order that enjoined a plaintiff holding an asbestos claim from pursuing a state court products liability claim against the successor to Manville Forest Products Corporate (“MFP”). Notably, the Court reaffirmed that a claim relating to prepetition exposure to asbestos is a prepetition claim, even though the injury may not have manifested itself until after the petition date.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Small Business Administration (USA)
    Authors:
    Jacqueline Marcus
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    DeepOcean: The UK’s First Cross Class Cram Down Restructuring Plan
    2021-03-03

    On 28 January, the English High Court handed down the first ever judgment sanctioning a restructuring plan under Part 26A of the Companies Act 2006 (“CA 2006”) (“Plan”) invoking the new cross class cram down procedure introduced into UK law in June 2020.

    Filed under:
    European Union, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    European Union, United Kingdom, USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court Weighs in: Debtors Are Not Excluded From Bankruptcy Code’s Definition of “Financial Participant” and Safe Harbor
    2021-02-23

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Matt Barr
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    New German Restructuring Regime (Starug) an Introductory Guide
    2021-02-04

    The new German stabilizing and out of court restructuring regime came into effect on 1 January 2021. The "Stabilization and Restructuring Framework of Companies Act", known as StaRUG1, heralds a new phase in the German restructuring landscape, introducing a framework of tools including a new restructuring plan, which will enable debtors to restructure and cram down minority creditors outside of German insolvency proceedings for the first time.

    Filed under:
    European Union, Germany, USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Britta Grauke
    Location:
    European Union, Germany, USA
    Firm:
    Weil Gotshal & Manges LLP

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