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    Supreme Tax Court Abolishes German Restructuring Privilege
    2017-02-22

    Cancellation of debt a key element of most restructurings generally triggers taxable income. The German tax authorities had issued an administrative decree (the "Tax Restructuring Decree" - Sanierungserlass), however, declaring that, upon the satisfaction of certain requirements and conditioned on forfeiture of any loss carry forwards, the cancellation of debt income ("CODI") would not be taxed.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP
    Authors:
    Britta Grauke
    Location:
    Germany
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Court Weights in on Delaware’s Prohibition on Deeping Insolvency Claims and Claims Against Directors Based on Relationship with Majority Shareholder
    2016-11-04

    Hoku, a publicly-owned Delaware corporation, filed for bankruptcy with just $8 million in assets compared to a relatively staggering $1.3 billion in liabilities, much of which was funded debt. In light of this significant insolvency, Hoku’s chapter 7 trustee brought various breach of fiduciary claims against Hoku’s board of directors, including one akin to a claim for “deepening insolvency.” As the case of Hopkins v.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Know When to Fold ‘Em - Texas Bankruptcy Court Enjoins Losing Bidder’s “Sour Grapes” Attempt to Bring Derivative Claims Under the Guise of Direct Claims
    2016-07-12

    Today’s post covers a recent decision by the United States Bankruptcy Court for the Southern District of Texas in the Chiron Equities, LLCcase. In that case, the court ordered a preliminary injunction to stop non-bankruptcy court litigation in a dispute between a majority shareholder, a minority shareholder, and his wife.

    Filed under:
    USA, Texas, Derivatives, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Shareholder, Debtor, Injunction, Breach of contract, Fiduciary, Limited liability company, Majority opinion, United States bankruptcy court, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Third Circuit Adopts Nuanced View of “Equal Treatment” in Context of Pre-Plan Settlement Offers
    2016-06-10

    The question of what constitutes “equal treatment” is a question as old as law itself. Though a favored topic by the Aristotles and the Rousseaus of the world, the question is not entirely esoteric. The concept plays a central role in the law of bankruptcy – courts occasionally describe the principle of equitable distribution between similarly situated creditors as one of the “pillars” of the Bankruptcy Code.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fifth Circuit Holds That Assumption of a Real Property Lease Is Effective Upon Entry of an Agreed Order
    2016-05-16

    The Big Easy. A city overflowing with art, food, fun, and pride. A place where you can experience the immensity and power of a hurricane (both the rum-based libation and the coastal weather event). And home to one of the most popular travel destinations in the United States—the French Quarter. In this installment of the Weil Bankruptcy Blog, we take you to Bourbon Street and review a decision of the Fifth Circuit Court of Appeals resolving a dispute between two companies regarding (fittingly) the assumption of a lease for a saloon on Bourbon Street.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Defalcation and the Hazards of Board Membership - Lessons from the Fifth Circuit
    2016-04-20

    Do you serve on your condominium’s board as a fun way to meet your neighbors and test out your governance skills? What seems like a low-commitment diversion can balloon into a stressful time suck – or worse.  You may be held personally liable for breaching fiduciary duties to your condo.  And if you fall into really bad luck and end up in bankruptcy, you may not even be able to discharge debts for such liability, as a recent Fifth Circuit decision reminds us.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Fiduciary, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fourth Circuit Finds That Bankruptcy Court Sale Orders Should Be Granted Preclusive Effect
    2016-03-18

    In Providence Hall Associates Limited Partnership v. Wells Fargo Bank, N.A., the Fourth Circuit denied plaintiff’s attempt to receive a second bite at the apple, finding that plaintiff’s lawsuit was appropriately dismissed by the district court on res judicata grounds.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Res judicata and issue estoppel, Wells Fargo, United States bankruptcy court, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Sixth Circuit’s Take on Artificial Impairment
    2016-02-10

    In this day and age, there’s not much appetite for the artificial (whether it be artificial sweetener or feigned affection).  We want our food, relationships, and clothing to be authentic and legitimate.  Unfortunately, as demonstrated by a recent decision from the Sixth Circuit Court of Appeals, artificiality still manages to creep into certain chapter 11 plans and courtrooms in the form of “artificial impairment.”  Artificial impairment refers to a scenario whereby a debtor, which may otherwise be capable of satisfying a class of claims in full, proposes to impair the claim

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Faced with a Belated Offer for the Debtor’s Assets, Bankruptcy Court Converts the Case to Chapter 7 to Allow a Trustee to Run the Sale Process
    2016-01-13

    “‘Two roads diverged in the woods and I took the road less traveled’ [sic] … and it hurt, man! Not cool, Robert Frost! … But what if there really were two paths?  I want to be on the one that leads to awesome.”
    – Kid President (Robby Novak)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    In Considering Motions to Sever, District Courts Might Effectively Shift the Burden to Plaintiffs to Show Why the Automatic Stay Should Not Be Extended to Nondebtor Defendants
    2015-12-08

    “Round and around and around and around we go // Oh now tell me, now tell me, now tell me now you know // … It takes me all the way // I want [to extend the automatic] stay” – Rihanna (as modified)

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

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