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    Interest in an LLC: property or a contractual right? You decide (but we are warning you the stakes are high)!
    2014-11-25

    Should a membership agreement governing a debtor’s interest in an LLC be treated as property of the estate or an executory contract? Equally, should a debtor’s economic and non-economic interests in an LLC be treated as property or a contractual right? Can’t make up your mind? Don’t worry—the bankruptcy courts can’t either.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Where’s the beef? (part II)
    2014-10-30

    This is the second of two posts on Saracheck v. Crown Heights House of Glatt, Inc., a recent decision from the Bankruptcy Court for the Northern District of Iowa regarding an avoidance action against food distributor, Crown Heights House of Glatt, Inc.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No proof of claim, no problem: bankruptcy court finds declaration to be effective as informal proof of claim
    2014-10-07

    Regardless of whether a creditor has a claim identified in a debtor’s schedules of assets and liabilities, generally speaking, most attorneys representing creditors in the context of a chapter 11 case will advise their clients to file a formal proof of claim with the bankruptcy court.  Often this is just “belts and suspenders” and a matter of good practice but, if nothing else, a formal proof of claim will serve to protect a creditor’s rights and interests vis à vis the estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, United States bankruptcy court
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials: subordination is as subordination does
    2014-09-11

    As we began discussing this week in our previous entries, on August 26, 2014, Judge Drain of the Bankruptcy Court for the Southern District of New York issued a momentous bench ruling in connection with the confirmation hearing of 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts
    2014-08-14

    We’ve previously focused here and here on the split in

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Comment period closes for Canadian government public consultation process on insolvency law reform
    2014-07-21

    This article has been contributed to the blog by Patrick Riesterer. Patrick Riesterer is an associate in the insolvency and restructuring group of Osler, Hoskin & Harcourt LLP.

    NORTH OF THE BORDER UPDATE

    Filed under:
    Canada, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Public consultations
    Location:
    Canada
    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
    Wave goodbye to bankruptcy waivers? (court rules LLC’s prepetition waiver of bankruptcy protection contrary to public policy)
    2014-05-30

    Secured creditors naturally want to be repaid. Sometimes secured creditors go as far as asking a debtor to waive its right to seek bankruptcy protection. Although such clauses are frequently held to be unenforceable, we previously have discussed exceptions for LLCs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Waiver, Secured creditor, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Speak before confirmation or forever hold your peace: tenth circuit upholds dismissal of nondischargeability suit after confirmed plan treats claim as “satisfied in full”
    2015-06-17

    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.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fake it ‘til you make it — or at least keep the frivolous to a de minimis
    2015-05-22

    What does Memorial Day weekend mean to you?  Perhaps it means having a nice long weekend with family and friends?  Or spending hours sitting in traffic with all the people who are getting away from it all for the weekend?  Or maybe you are a traditionalist and will spend the weekend getting all of your white clothes out of Manhattan Mini Storage.  Well, for the Weil Bankruptcy Blog, the start of Memorial Day weekend means one thing — the return of Bankruptcy Beach Reading.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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