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    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
    Bank for sale – involuntary petition against bank holding company sustained
    2014-09-19

    During the 2008 financial crisis and its aftermath, it became commonplace for a distressed bank to be taken over(night) by the Federal Deposit Insurance Corporation (FDIC) and then sold, that same day, to another bank (or bank holding company) that agreed to take on the depository liability associated with the failed bank in exchange for its assets (and customer base). Some banks, however, survived the tidal wave of takeovers.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Bank holding company, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Flexibility on finality: over dissent, First Circuit splits from majority in holding that orders denying relief from stay are not always final
    2014-08-25

    The United States Court of Appeals for the First Circuit contributed to a circuit split regarding jurisdiction in its recent decision in Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Bankruptcy Appellate Panel, First Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The interplay between section 502(d) of the Bankruptcy Code and SIPA’s requirement of “prompt” return of customer funds
    2014-07-29

    Canons of statutory construction are used frequently to resolve ambiguities in the Bankruptcy Code. In 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statutory interpretation, US District Court for SDNY
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. v. Ron Pair Enters.
    2014-07-03

    The Supreme Court Gets Its Grammar on: Interpreting the Right to Postpetition Interest Under Section 506(b)

    In this Throwback Thursday, piece we revisit the decision of the United States Supreme Court in U.S. v. Ron Pair Enters. In a 5-4 decision, the Supreme Court held that section 506(b) of the Bankruptcy Code permits a creditor to receive postpetition interest on an oversecured claim even if the creditor does not have the benefit of an agreement providing for interest on the claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Breaking news: unanimous Supreme Court closes statutory gap, leaves other “core” Stern questions for another day (Executive Benefits Insurance Agency v. Arkison)
    2014-06-09

    This morning, the Supreme Court issued its hotly anticipated decision in Executive Benefits Insurance Agency v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Courts Begin to Wrestle with the Impact of City of Chicago, Illinois v. Fulton on a Debtor’s Ability to Recover Estate Property
    2022-05-12

    Courts Begin to Wrestle with the Impact of on a Debtor’s Ability to Recover Estate Property

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS
    Authors:
    Robert Lemons , Jennifer Brooks Crozier
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Lookback period: two weeks
    2015-06-26

    This week, the Weil Bankruptcy Blog premieres a new series, “Lookback Period.”  In these entries, we will periodically review and summarize the hot topics on which we have been writing over the last couple of weeks.  We thought this might be an easy way on a summer Friday (or a rainy weekend) to catch up on what you might have missed in the Weil Bankruptcy Blog.

    More Momentive, This Time From the District Court

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive plan confirmation affirmed: efficient market cramdown interest rate unlikely in Second Circuit any time soon
    2015-06-02

    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 on Monday, May 4.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include the appropriate interpretation of certain inde

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Second Circuit
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    To cap or not to cap, that is the question: bankruptcy court examines 502(b)(6)
    2015-05-07

    Restructuring professionals cite giving the debtor a “fresh start” as one of the goals of bankruptcy.  In order to assist the debtor, the Bankruptcy Code contains a number of provisions capping claims.  One of these provisions is 

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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