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    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
    Apcoa restructuring scheme of arrangement sanctioned by the English High Court despite being contested – Court of Appeal hearing set for 9/10 December 2014
    2014-11-21

    Speed Read

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, High Court of Justice
    Authors:
    Andrew Wilkinson , Alexander Wood
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    When the stakes are high, union can’t gamble with gambling debtors – bankruptcy court approves casino’s rejection of CBA
    2014-10-28

    When evaluating a debtor’s bankruptcy or restructuring options, determining how to increase or preserve the debtor’s liquidity is crucial to the analysis. Well-advised debtors with significant labor liabilities will need to explore whether attaining cost savings through rejection of their collective bargaining agreements is a viable alternative.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Gambling, Collective bargaining, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Dear court: please forgive me, but I need a continuance of my trial due to Yom Kippur
    2014-10-03

    If you were to ask people on the street to name the first Jewish holiday that comes to mind, chances are a significant percentage would name Yom Kippur. A well-known Jewish holiday, Yom Kippur is considered to be the holiest day of the Jewish year and is observed by fasting, asking for forgiveness, and praying.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials: cramdown of secured creditors – Part I
    2014-09-09

    On August 26, 2014, Judge Drain, of the Bankruptcy Court for the Southern District of New York, concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders. This four-part Bankruptcy Blog series will examine Judge Drain’s rulings in detail, with Part I of this series providing you with a primer on cramdown in the secured creditor context.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Unsecured debt, Secured creditor, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Pass the buck: Fourth Circuit preserves the mere conduit defense
    2014-08-12

    Banks, insurance brokers, and other agents can breathe a sigh of relief as the Fourth Circuit enabled the “mere conduit” defense to survive another day. The Fourth Circuit has long recognized the proposition that an avoidable transfer cannot be recovered, pursuant to section 550(a)(1) of the Bankruptcy Code, from a transferee who acted as a “mere conduit” for another party having the direct business relationship with the debtor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Fourth Circuit provides a useful roadmap for debtor’s seeking third-party releases
    2014-07-17

    The inclusion of third-party releases in plan of reorganization can be a particularly contentious aspect of the plan confirmation process. Debtors seeking such releases typically face opposition from affected creditors and scrutiny from bankruptcy courts that consider such releases prone to abuse.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy beach futbol reading – World Cup edition
    2014-06-20

    To celebrate the one event that affects workplace productivity worldwide, we bring you our World Cup edition of Weil’s Bankruptcy Beach (or, in this case, multitasking while sitting in front of a screen for eight hours) Reading.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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