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    Highlights from 2014 (and beyond)
    2014-07-18

    It’s a beautiful day for the beach.  Even though some of us may be at the beach today (and if you are at the beach, why didn’t you invite us?), bankruptcy, like time, waits for no one.  Wherever we happen to be, ‘tis the season for a little something light – or at least lighthearted.  In the spirit of summer Fridays, we wanted to take the opportunity to bring you some of the colorful quotes that we’ve come across in bankruptcy decisions over the past few months.  And for those of you who crave more: worry not – we’ll keep combing our records in efforts to bring you furth

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Restructuring in Canada: the Companies’ Creditors Arrangement Act and the Canada Business Corporations Act
    2014-06-23

    This article has been contributed to the blog by David Rosenblat and Justine Erickson.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Corporations Act 2001 (Australia), Canada Business Corporations Act 1985
    Location:
    Canada, USA
    Firm:
    Weil Gotshal & Manges LLP
    Third Circuit questions ability of bankruptcy proceedings to discharge tort claims for latent disease
    2014-05-29

    Earlier this week, the Third Circuit affirmed a federal bankruptcy court’s dismissal of a mesothelioma claim against a bankrupt oil company that arose as an adversary proceeding fifteen years after the bankruptcy plan was confirmed and discharged all outstanding claims.  The Circuit held that because the parties conceded the claim arose at the time of the victim’s asbestos exposure, which pre-dated the defendant’s bankruptcy, a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Constructive notice, Bankruptcy discharge, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive plan confirmation affirmed: I can see clearly now the claim has gone
    2015-06-16

    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 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Deprizio, Shmeprizio: a waiver of indemnification can shield an insider guarantor from liability (at least in the Ninth Circuit)
    2015-05-21

    Can a waiver of rights ever be beneficial to the person granting the waiver?  Yes.  In In re Adamson Apparel, the Court of Appeals for the Ninth Circuit held, in a 2-1 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Surety, Debtor, Waiver, Ninth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Rent-stabilized leases: exempt or not?
    2015-04-20

    Is a rent-stabilized lease in New York a “local public assistance benefit” that is exempt from property of a debtor’s bankruptcy estate, or is it merely “a quirk of the regulatory scheme in the New York housing market[?]”  That was the question recently decided by the Second Circuit in In re Monteverde.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Welfare, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: trade creditor and employee priorities
    2015-03-20

    Readers, welcome to the latest installment of our ongoing coverage of the Final Report and Recommendations of the ABI Commission to Study the Reform of Chapt

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Wrong place, wrong time: beware the statute of limitations!
    2015-02-17

    “And it’s too late, baby now, it’s too late,Though we really did try to make it.”

    - Carole King, It’s Too Late

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statute of limitations, Exclusive jurisdiction
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fee adjustments in Canada revisited
    2015-01-26

    This article has been contributed to the blog by Mary Paterson, Dave Rosenblat and Waleed Malik.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    The cycle of fiduciary duties – owner/directors of solvent companies owe fiduciary duties only to themselves
    2014-12-17

    “Always look out for Number One, but don’t step in Number Two” – Rodney Dangerfield

    “What-eva – I’ll do what I want [as long as my company is solvent]” – Eric Cartman, South Park

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

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