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    Breaking news: SCOTUS rules that liens ride through, at least in a chapter 7 case.
    2015-06-01

    Today, the Supreme Court issued a decision in Bank of America, N.A. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Remembering Harvey R. Miller: chapter 11 in transition – from boom to bust and into the future
    2015-04-30

    In June of 2007, Harvey gave the keynote address at the International Institute of Insolvency.  In the address, Harvey asked the question, “Is the market headed for disaster?”  He also says, “When the bubble bursts, those left holding today’s version of tulip bulbs may be left scratching their heads and pining for the past.”  Little did Harvey (or anyone else) suspect that 15 months later, the collapse of Lehman Brothers would trigger a worldwide financial crisis.

    Introduction 

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sponsor/owner series: initial considerations when your company is heading toward distress—fiduciary duties and more
    2015-03-31

    Anyone investing equity in an enterprise, whether creating a start-up or purchasing an established company, is a natural optimist.  The hope is that the business will continue to perform well and yield its owners substantial profits year-after-year (and then maybe a hefty return upon exit).  But, as those of us in restructuring know, not every company enjoys positive returns all the time.  Businesses go through down cycles for different reasons – whether it be the overall economic climate (think 2008), issues specific to a particular industry (think dropping oil prices), a gr

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Fiduciary
    Authors:
    Ronit J. Berkovich , Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No security by obscurity: the importance of clearly identifying collateral
    2015-03-02

    More is more, right? Not according to the Bankruptcy Court for the Northern District of Florida. The court recently ruled that when a creditor tries to capture the maximum amount of collateral in its security interest, this could have the opposite effect and result in an entirely unsecured claim. As most creditors know, the treatment of a claim in bankruptcy is governed not only by the Bankruptcy Code, but also by state law.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Collateral (finance), Personal property
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Could a Bitcoin exchange be a commodity broker?
    2015-02-02

    This is the fourth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin, Commodity broker
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling Down: a deeper look into the distressed oil & gas industry
    2015-01-07

    As all restructuring eyes turn to Oil & Gas as the industry most likely to keep us busy in the coming months, we at the Weil Bankruptcy Blog want to make sure our readers are ahead of the gas curve (pun intended) in understanding the key issues that arise in this sector. With that in mind, today is the first in a Weil Bankruptcy Blog series, “Drilling Down,” which will look at emerging issues at the intersection of the oil and gas industry and bankruptcy law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court announces Cyber Monday deals: higher fees, new rules, and revised forms
    2014-12-01

    It’s that time of year again! The bankruptcy courts’ new rules, fees, and forms come into effect today. Just like news outlets this time of year summarize where you can find the best online deals, we thought we’d take the opportunity to review this year’s bankruptcy-related amendments. Consult your local listings bankruptcy rules, statutes and forms for more detail.

    Rule Amendments

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Give and take: Delaware bankruptcy court dismisses trustee’s turnover and avoidance claims relating to debtor’s net operating losses
    2014-11-04

    Are a debtor’s net operating losses considered property of the estate when they are reported on a consolidated tax return by a non-debtor parent? We previously wrote about this issue here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    #Hashtag: thinking of starting your own marijuana business?
    2014-10-10

    Have you ever wanted to start your own marijuana cultivation and distribution business? Do you see billboards on the highway advertising pot-growing seminars and think, “Maybe I should go?” Does the grass seem greener on the other side?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Cannabis, Controlled Substances Act 1971 (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Back to school: circuit courts provide “cheat-sheet” on Stern consent issues in advance of the Supreme Court’s consideration of Wellness Int’l Network v. Sharif
    2014-09-16

    “Okay. Here we go. The short, short version.” – The Minister, Spaceballs

    “I meant what I said and I said what I meant.” – Horton Hatches the Egg, Dr. Seuss

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

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