On May 4, Judge Vincent Bricetti of the United States District Court for the Southern District of New York issued a ruling in the Momentive Performance Materials cases affirming the bankruptcy court’s confirmation rulings.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include 

Can a nondischargeability suit survive after a claim is deemed “satisfied in full” under a confirmed plan?  The Tenth Circuit recently considered this question in Bank of Commerce & Trust Co. v.

In a decision with broad and significant implications for many investors, the Court of Appeals for the Fifth Circuit has held that claims arising under a guarantee of a security issued by an affiliate can be subject to mandatory subordination pursuant to section 510(b) of the Bankruptcy Code.  While the decision may come as a surprise to some invest

This morning, in a 6-3 decision, the Supreme Court held in Baker Botts LLP v.

In this Throwback Thursday piece, we revisit the Seventh Circuit’s landmark decision Levit v. Ingersoll Rand Financial Corp. (In re Deprizio), better known as Deprizio.  This decision was a contender for best quote in a case in Weil’s 2014 March Madness competition.  As we noted then, “Mr.

The Supreme Court’s recent decision in Bank of America, N.A. v.

As discussed in a prior blog entry, virtually any amount of property in the United States will enable most foreign entities to commence a case under chapter 11 of the Bankruptcy Code.  But once that case is opened, there are a number of challenges that parties may raise to keeping the c

Before we offend our fellow law practitioners outside of the United States, we want to emphasize that this blog entry is not about what is “better” – chapter 11 or other bankruptcy laws, U.S.

‘Cause Tonight / Is the Night / When 2 Become 1

-The Spice Girls

“In bankruptcy, as in life, timing can be everything” – the Fifth Circuit.