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    Tipping point: plan clarification or plan modification? Third Circuit denies bankruptcy court’s use of its plan clarification powers to circumvent plan modification requirements of section 1127
    2015-04-06

    In post-confirmation proceedings, bankruptcy courts maintain the ability to clarify a plan where silent or ambiguous, and interpret a plan to advance equitable considerations.  However, bankruptcy courts are not allowed to modify a plan outside the confines of section

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Class action, United States bankruptcy court, Third Circuit
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Technical difficulties, efforts to avoid overtime work do not excuse a missed filing deadline
    2015-03-05

    “An attorney’s reluctance, or that of his assistant, to work after 6:30 p.m. one evening in order to meet a court-imposed filing deadline does not constitute excusable neglect.”

    – In re An

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling down: a deeper look into the distressed oil & gas industry part 3—the ability to assume or reject oil and gas leases
    2015-02-05

    Today’s blog article, which looks at the ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code, is the third in the Weil Bankruptcy Blog series, “Drilling Down,” where we review issues at the intersection of the oil and gas industry and bankruptcy law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: oversight of the case (part II, professional and compensation issues)
    2015-01-12

    As part of the Weil Bankruptcy Blog’s series on the recently released ABI Commission Report, we previously discussed the ABI Commissions’ recommendations on managem

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    If it looks like a duck and quacks like a duck, then…: Kansas bankruptcy court finds car “lease” is a disguised financing based on economic realities of transaction
    2014-12-04

    When a contract looks like a lease, but operates more like a security agreement, how should the contract be treated in bankruptcy? The United States Bankruptcy Court for the District of Kansas recently considered this question in 

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court considers corporate insolvency provision in the context of a share redemption
    2014-11-10

    This article has been contributed to the blog by Joshua Hurwitz and Waleed Malik.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Share (finance), Shareholder, Articles of incorporation
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Post-filing interest in a CCAA proceeding: Re Nortel Networks Corp.
    2014-10-15

    In lengthy insolvency proceedings, interest accrued on existing claims during the “post-filing” period can represent a substantial portion of the debtor’s estate.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Interest, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Court denies administrative priority status to seller whose goods were not received by the debtor
    2014-09-18

    Since it burst onto the Bankruptcy Code scene in 2005 with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), section 503(b)(9) of the Bankruptcy Code, which affords a creditor administrative priority for the value of goods the debtor received within 20 days prior to its bankruptcy fi

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Practice pointers from the Second Circuit: a prohibited power grab can be “taxing”
    2014-08-22

    INTRODUCTION

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Debtor, Sovereign immunity, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A dispute over a dispute: recent Bankruptcy Court decision dismisses involuntary chapter 7 petition due to bona fide disputes
    2014-07-28

    Creditors contemplating the bold step of commencing an involuntary bankruptcy case against a putative debtor may wish to consider a recent decision of the Bankruptcy Court for the District of Minnesota Court, 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Good faith, United States bankruptcy court
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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