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    Could a Bitcoin exchange constitute a “stockbroker”?
    2014-07-14

    This is the third post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  In the spring of this year, the shutdown of Japanese bitcoin exchange Mt. Gox made us think about what might have happened if Mt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bitcoin, Certificate of deposit
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Contract remedies in the face of imminent default – what happens to state law adequate assurance and anticipatory breach in bankruptcy?
    2014-06-16

    In the approach to bankruptcy, struggling businesses may experience problems performing their contracts, and counterparties often see trouble on the horizon. What can a non-debtor counterparty do to protect itself? And how are its rights impaired when the debtor finally commences a bankruptcy case?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Breach of contract
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent Developments at the Intersection of Bankruptcy and Environmental Law
    2022-08-08

    Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that “issues as to the interplay between environmental law and bankruptcy are among the thorniest on the litigation map.” Difficulties navigating this interplay largely stem from the inherent conflict between the goals of bankruptcy and environmental laws, with the former aimed at providing debtors with a fresh start, while the latter cast a broad net to hold parties (even some innocent parties) responsible for past harm to the environment.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supply chain, Mediation, US Environmental Protection Agency, US Congress, SCOTUS
    Authors:
    Thomas D. Goslin
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Pitfalls for foreign enterprises seeking to restructure under the Bankruptcy Code
    2015-06-09

    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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court analyzes preferences and fraudulent transfer claims as applied to a lease termination agreement
    2015-05-14

    Nothing says “closure” quite like a termination agreement reaffirmed by a bankruptcy court – right?

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can a bankruptcy court order a non-debtor to dismiss a state court lawsuit? It depends on the nature of the claim—and how long the non-debtor waits to object.
    2015-04-13

    The United States Bankruptcy Court for the Southern District of Texas in In re Waco Town Square Partners, L.P., et al. considered whether it had the authority to order a non-debtor to dismiss a state court lawsuit.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Involuntary dismissal, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Frivolous petitions cannot be completely eliminated
    2015-03-13

    Since the early Nineties, Czech insolvency legislation has undergone a number of positive changes. Creditor position improved, including that of secured creditors, and the protection of both the debtor and the bankrupt has also been strengthened. Moreover, with the new Insolvency Act effective from 2008, reorganization began to be more widely used in addressing bankruptcies. In Czech insolvency procedure, however, certain problematic areas still remain. One of them involves frivolous insolvency petitions filed by both creditors and debtors themselves.

    Filed under:
    Czech Republic, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor
    Location:
    Czech Republic
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court to consider Eleventh Circuit decisions upholding “strip off” of junior mortgage liens
    2015-02-11

    Bank of America, N.A. v. Caulkett and Bank of America, N.A. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: claims trading
    2015-01-20

    As our loyal readers know, the Weil Bankruptcy Blog is running a series of posts discussing the various interesting topics covered in the American Bankruptcy Institute Commission to Study the Refo

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court decision sheds light on cross-border eligibility, venue, and COMI issues (part one)
    2014-12-11

    Businesses with a global footprint require agile, sophisticated counsel possessing in-depth knowledge of the international aspects of bankruptcy and restructuring. The bankruptcy court 

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

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