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    Recent bankruptcy court decision renews debate over artificial impairment
    2014-06-04

    Real estate lenders should be aware of a 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Aviation Chapter 11 Cases Take Flight
    2022-04-19

    The COVID-19 pandemic hit the bottom line of many businesses. Among the hardest hit industries has been the travel industry and, in particular, airlines and aviation companies. Many airlines are still struggling to generate new ticket sales as compared to pre-pandemic levels and average fares remain depressed.1 One industry source predicts that passenger numbers will not return to 2019 levels prior to 2024.2 Compounding this are increased costs of fuel (up 35% so far this year) and other expenses.3

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Coronavirus
    Authors:
    Kelly DiBlasi
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can you object to a claim just because it doesn’t include supporting documentation? The answer may not be as simple as you think
    2015-06-23

    “Smokey, this is not ‘Nam. This is [bankruptcy]. There are rules.”
    – Walter Sobchak, The Big Lebowski (as modified)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    What the future holds for make-whole claims in bankruptcy: examining the Energy Future Holdings EFIH first lien make-whole decision – part 2
    2015-05-28

    Today, we follow up on our earlier post where we reviewed the United States Bankruptcy Court for the District of Delaware’s decision in Energy Future Holdings

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Remembering Harvey R. Miller: the evolution and changing environment of bankruptcy reorganization law and practice
    2015-04-29

    In yesterday’s post, we published a speech in which Harvey Miller discussed how he got started practicing bankruptcy law.  Today, we are publishing the text of a speech that Harvey gave in March of 2014 on the 40th anniversary of the Southeastern Bankruptcy Law Institute, at which Harvey was a frequent speaker.  In this speech, Harvey looked back at the evolution of bankruptcy law over the past 50 years.

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    We can bankrupt the company for sure, it’s insolvent – think again
    2015-03-30

    This article has been contributed by Martin Desrosiers and Julien Morissette, partner and associate respectively, in the Insolvency & Restructuring Group of 

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Drilling down: a deeper look into the distressed oil & gas industry part 4—smoke on the water: the hazy law of oil and gas leases on the outer continental shelf
    2015-02-26

    Today’s blog article, which looks at offshore leases in the United States, is the fourth in a Weil Bankruptcy Blog series, “Drilling Down,” a series that will look at issues at the intersection of the oil and gas industry and bankruptcy law.  In Part One we provided an overview of the oil and gas industry, in 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission: section 363 of the Bankruptcy Code (no more quick sales?)
    2015-01-31

    “Don’t care how; I want it now” – Veruca Salt, Willy Wonka and the Chocolate Factory

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Class action in bankruptcy: “no representation without designation!” said the Second Circuit
    2015-01-06

    In a recent decision by the Second Circuit, Lucas v. Dynegy Inc. (In re Dynegy, Inc.), No. 13-2581 (2d. Cir. Oct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Class action, Second Circuit, United States bankruptcy court
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Private equity firm held not responsible for portfolio company’s failure to provide adequate notice under WARN Act
    2014-11-26

    In Czyzewski v. Sun Capital Partners, Inc.1, the United States District Court for the District of Delaware affirmed a Bankruptcy Court determination that a private equity firm was not liable for its subsidiary portfolio company’s failure to provide adequate notice of a plant closing under the federal Worker Adjustment and Retraining Notification Act (WARN Act).

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), Sun Capital Partners
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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