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Weil

Restructuring

You searched for 'alter ego'

Claims, Subordination & Recharacterization
Bad Children: How One Court Used Alter Ego Doctrine to Uphold Reverse Veil Piercing
Apr 2016
Automatic Stay, Litigation Issues
Nondebtor Alter Egos Don’t Automatically Benefit from the Automatic Stay, Says New York’s Eastern District
Oct 2015
Corporate Governance & Fiduciary Duties
All My Alter Egos Live in Texas . . .
Nov 2013
Corporate Governance & Fiduciary Duties
In California (Unlike Delaware), No Need to Let Your Alter Ego Get in the Way of Suing a Debtor’s Sole Shareholder Directly
Nov 2010
Avoidance Actions
Two Means Two: Delaware Bankruptcy Court Confirms that the Two-Year Look-Back Period for Fraudulent Transfers Is Non-Negotiable
Feb 2012
Chapter 9
Weak Sauce: Requirements for Prepetition Negotiations in Municipal Bankruptcies and the City of Vallejo Experience
May 2011
Lookback Period
Lookback Period – Six Weeks, Pt. 2
Nov 2015
Jurisdiction & Appeals, Stern Files
Well Well Wellness: The Supreme Court’s Most Recent Decision Regarding Stern v. Marshall and its Progeny
May 2015
Claims, Jurisdiction & Appeals, Rules & Procedures
Can a Bankruptcy Court Order a Non-Debtor to Dismiss a State Court Lawsuit Against a Third Party? It Depends on the Nature of the Claim—and How Long the Non-Debtor Waits to Object
Apr 2015
Corporate Governance & Fiduciary Duties
Plain Vanilla Veil Piercing Still Alive and Well in New York
Sep 2013
Jurisdiction & Appeals, SIPA Proceedings
Second Circuit: SIPA Trustee’s Attempt to Bring Claims Against Financial Institutions Fails Because He Stands in the Shoes of Madoff and Not Madoff’s Customers
Jul 2013
Contributor(s)
Andriana
Georgallas
Involuntary Petitions, Jurisdiction & Appeals
Why Pasta Cooking Techniques Should Not Be Used in Litigation
May 2013
Chapter 11 Plans, Plan Solicitation & Voting
You Asked Your Buddy to Do What? Non-Statutory Insiders and Vote Designation
Jan 2013
Corporate Governance & Fiduciary Duties, Jurisdiction & Appeals
The Creditor of My Affiliate Is…Not my Creditor
Oct 2012
Claims, Jurisdiction & Appeals
Creditor Who Waited to File Late Proof of Claim Learns It Can’t Rush Through the Appeals Process: Delaware District Court Denies Leave for an Interlocutory Appeal
Jul 2012
Jurisdiction & Appeals, Stern Files
The Stern Files (sixth edition)
Jun 2012
Mass Torts, Releases & Exculpations
Are Third Party Releases "All in the Family"?
Jun 2011
Corporate Governance & Fiduciary Duties
Legitimate Protection from Parental Abuse or Just Another Blame Game?
Nov 2010
Liability Management
Tracking The Evolution of Liability Management Exercises
May 2025
Contributor(s)
Frank
Adams
Vynessa
Nemunaitis
Michael
Stein
Ari
Anderson
Financing, What We're Watching
Tighter Aircraft Market Demands Creative Restructuring Solutions
Aug 2024
Contributor(s)
Kelly
DiBlasi
Portfolio Company, Corporate Governance & Fiduciary Duties, Professionals
Pledged Equity Proxy Rights and the Rise of the Board Flip
May 2024
Contributor(s)
David
Griffiths
Alex
Cohen
International, Jurisdiction & Appeals, Litigation Issues, Setoffs
A Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply by Utilizing a U.S. Bank Account in a Transaction with Another Foreign Entity
Jun 2022
Contributor(s)
Ronit J.
Berkovich
Furqaan
Siddiqui
Case Overviews, Corporate Governance & Fiduciary Duties, Litigation Issues, Post-Confirmation Issues, Sponsor/Owner Series, Valuation
ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Risks Relating to Distressed Portfolio Companies (Part II: Breach of Fiduciary Duty)
May 2022
Contributor(s)
Ronit J.
Berkovich
Teddy
Cohan
Automatic Stay, Chapter 11 Plans, Jurisdiction & Appeals, Litigation Issues, Pre-Filing Considerations, Releases & Exculpations, Rules & Procedures, Third Party Claims, What We're Watching
Will We Have New Rules for Corporate Bankruptcies? Recently Proposed Legislation That Could Reform Chapter 11 Practice
Mar 2022
Contributor(s)
Matt
Barr
Lauren
Tauro
Furqaan
Siddiqui
Administrative Expenses, Case Overviews, Claims, Energy Sector, Litigation Issues, News, Post-Confirmation Issues, What We're Watching
The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
Apr 2021
Contributor(s)
Ronit J.
Berkovich
Corporate Governance & Fiduciary Duties, Litigation Issues, News, Post-Confirmation Issues, What We're Watching
Officers of Selling Companies May Escape Fiduciary Duty Liability But May Be Required to Return Change of Control Payments if Company is Insolvent Post-Closing (Nine West Part 2)
Jan 2021
Contributor(s)
Ronit J.
Berkovich
Teddy
Cohan
Cramdown
Third Circuit Decision Provides New Guidance on the Unfair Discrimination Standard of Cramdown and the Enforcement of Subordination Agreements When Confirming Cramdown Plans
Sep 2020
Contributor(s)
Ronit J.
Berkovich
363 Sales
An Asset Purchase That Wasn’t—Beware the De Facto Merger Doctrine in Distressed M&A
May 2020
Contributor(s)
Glenn
West
363 Sales, Case Overviews, Healthcare, What We're Watching
Bankruptcy Court Confirms High Burden to Find Material Adverse Effect in Asset Purchase Agreement
Jan 2020
Contributor(s)
Ronit J.
Berkovich
Chapter 11 Plans, Claims, What We're Watching
To Make-Whole … or Not
Jan 2019
Contributor(s)
Alfredo R.
Perez
News
Claire’s Stores, Inc.: A Proactive Approach to Portfolio Company Governance
Dec 2018
Credit Bidding, Case Overviews, Distressed Debt Funds, Secured Claims, Valuation
Delaware Bankruptcy Court Declines to Bind Credit Bidders to the Mast
Aug 2018
Contributor(s)
Kevin
Bostel
Matthew
Goren
Jurisdiction & Appeals
Momentive Court Declines to Dismiss Creditors’ Appeals as Equitably Moot
Jun 2018
Contributor(s)
David
Griffiths
Case Overviews, Chapter 11 Plans, Cramdown, Litigation Issues, Plan Solicitation & Voting
U.S. Bank N.A. v. Village at Lakeridge, LLC
Mar 2018
Contributor(s)
Ronit J.
Berkovich
Fees, Professionals
Fees, Fees, Fees: SDNY Bankruptcy Court Questions the Ongoing Validity of the “Blackstone Protocol” for Investment Banker Fees in Chapter 11 Cases
Mar 2017
Dismissal
No American Horror Drama TV Series, but Close: Chapter 11 Case Dismissed as Resembling “Walking Dead”
Jun 2016
Contributor(s)
Andriana
Georgallas
Arbitration, Chapter 11 Plans, Intellectual Property, Litigation Issues, Post-Confirmation Issues
Barred by Res Judicata & Judicially Estopped – Court Finds That Netflix Has No Chill
Jun 2016
Assumption & Rejection, Executory Contracts & Unexpired Leases
Dueling Debtors: Missouri Bankruptcy Court says Debtor Can Reject Contract That Counterparty (Who is Also a Debtor) Sought to Assume
Apr 2016
Contributor(s)
Jessica
Liou
Labor & Employment
Debtors Trump Union in 1113 Appeal (Trump the verb, not the Donald)
Feb 2016
Chapter 11 Plans, Releases & Exculpations
Let Me Be Clear: Fifth Circuit Holds Generic Plan Release Language Lacks Specificity to Discharge Creditor’s Claims Against Officer of the Debtor
Feb 2016
Contributor(s)
Matthew
Goren
Contributor's Corner
For-Profit Education Institutions Face a Volatile and Uncertain Future
Dec 2015
Distressed Debt Funds, Litigation Issues
Distressed Investor Finds Covenant-Lite Loan Offers Little Protection – Quadrant Structured Products v. Vertin
Nov 2015
Avoidance Actions
Making a Clean Break, Part II: Tenth Circuit Sheds Light on Reasonably Equivalent Value for Severance
Nov 2015
Jurisdiction & Appeals, Litigation Issues, Stern Files
Be Careful — You Might Consent to Adjudication in Bankruptcy Court Even If You’ve Expressly Said You Don’t
Nov 2015
ABI Reform Commission, Chapter 11 Plans, Financial Markets
LSTA to ABI Commission on Chapter 11 Reform: No Way, José
Oct 2015
Contributor(s)
David
Griffiths
Financing, Litigation Issues
Judge Scheindlin Rules in Caesars that Trust Indenture Act Bars “Core” Impairments; Certifies the Issue to the Second Circuit OR What’s the Deal with the Caesars Parent Guarantee Litigation? [PART II]
Sep 2015
Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims
Lookback Period: Eight Weeks (Part 3)
Aug 2015
363 Sales, ABI Reform Commission, Cryptocurrency Issues, Chapter 11 Trustees & Examiners, Chapter 7 Trustees, Cramdown, Lookback Period, Secured Claims, Valuation
Lookback Period: Eight Weeks
Aug 2015
Case Overviews
What Marblegate Can Teach Us About the Protections Available to Minority Noteholders in an Out-of-Court Restructuring
Aug 2015
Contributor(s)
Jessica
Liou
Executory Contracts & Unexpired Leases
It’s All or Nothing: Delaware District Court Says Debtor Cannot Pick and Choose From Bundle of Related Agreements!
Aug 2015
363 Sales
Onward, Christian Soldiers: Some Guidance on 363 Sales, Fair Auctions, and Proposed Sales to Insiders
Jul 2015
Cryptocurrency Issues
Banks and Bitcoin Exchanges
Jun 2015
Executory Contracts & Unexpired Leases, Real Estate
Delaware Bankruptcy Court Holds That Vacating Premises After Rejection of a Lease Does Not Constitute Termination of the Lease
Jun 2015
Claims, Rules & Procedures
Can You Object to a Claim Just Because It Doesn't Include Supporting Documentation? The Answer May Not Be as Simple as You Think
Jun 2015
Jurisdiction & Appeals, Stern Files
BREAKING NEWS: Some Guidance from SCOTUS on Stern v. Marshall! (And What You Really Need to Know)
May 2015
Chapter 11 Plans, Jurisdiction & Appeals
The Supreme Court Rigidly Applies the Rules of “Flexible Finality” in Bullard v. Blue Hills Bank
May 2015
Breaking the Code
Distributions – Section 1143
May 2015
News
Remembering Harvey R. Miller: Chapter 11 in Transition – From Boom to Bust and Into the Future
Apr 2015
Post-Confirmation Issues
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
Apr 2015
ABI Reform Commission
Making an Exit, Part II: ABI Commission Recommendations on Chapter 11 Plan Content, Voting and Exit Orders
Mar 2015
ABI Reform Commission
Making an Exit, Part I: ABI Commission Recommendations on Chapter 11 Plan Content, Voting and Exit Orders
Feb 2015
ABI Reform Commission
ABI Chapter 11 Reform Commission Series: Postpetition Financing II
Feb 2015
Contributor(s)
Gabriel A.
Morgan
Litigation Issues
Delaware Bankruptcy Court Provides Further Guidance on the Contours of the Common Interest Doctrine
Feb 2015
Contributor(s)
Jessica
Liou
ABI Reform Commission
ABI Chapter 11 Reform Commission Series: Small and Medium Sized Debtor Enterprises
Jan 2015
Contributor(s)
Matthew
Goren
Litigation Issues
Chesapeake Bond Redemption Case: Ambiguity, Plain Meaning and Value
Jan 2015
Corporate Governance & Fiduciary Duties
Slouching Towards Bankruptcy: Corporate Fiduciaries Escape Liability in Ultimate Escapes
Dec 2014
Contributor(s)
Gabriel A.
Morgan
Executory Contracts & Unexpired Leases
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
Dec 2014
Avoidance Actions, Financing, Subordination & Recharacterization
There’s a Thin Line Between Equity and Debt: Affiliates, Advances and Avoiding Recharacterization
Dec 2014
Rules & Procedures
House Passes Financial Institution Bankruptcy Act of 2014 and Takes Significant Step Towards Establishing a Separate Bankruptcy Process for Bank Holding Companies and Large Financial Institutions
Dec 2014
Labor & Employment
When the Stakes are High, Union Can’t Gamble with Gambling Debtors – Bankruptcy Court Approves Casino’s Rejection of CBA
Oct 2014
Anti-Assignment Clauses, Distressed Debt Funds, Financial Markets, What We're Watching
Interview with Bridget Marsh, Deputy General Counsel of the LSTA on Meridian Sunrise Village
Sep 2014
Contributor(s)
David
Griffiths
North of the Border Update
Walking a Mile in the Trustee’s Shoes: How s. 38 of the BIA can allow creditors to revive dismissed claims
Sep 2014
Chapter 11 Plans, Cramdown, Secured Claims
Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part II
Sep 2014
Contributor(s)
David
Griffiths
Chapter 11 Plans, Cramdown, Secured Claims
Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part I
Sep 2014
Contributor(s)
David
Griffiths
363 Sales
Are You Not Entertained? The SDNY Weighs In On the Battle Between Sections 363(f) and 365(h) of the Bankruptcy Code
Jun 2014
Chapter 11 Plans, Cramdown, Real Estate
Recent Bankruptcy Court Decision Renews Debate over Artificial Impairment
Jun 2014
Contributor(s)
Matthew
Goren
Corporate Governance & Fiduciary Duties
The Rural/Metro Decision and its Relevance to Reorganization
May 2014
Avoidance Actions, Financing
“Release the Kraken” II: For Want of a Lien, the Botticelli Could Be Lost. . .
May 2014
Administrative Expenses, DIP Financing
Breaking-Up Just Got Harder to Do: Court Holds Break-Up Fee to be Prepetition Claim Not Entitled to Administrative Expense Priority
Apr 2014
Contributor(s)
Matthew
Goren
North of the Border Update
Approval of a SISP in a BIA proposal: Re Colossus Minerals Inc.
Apr 2014
Survey
THE 2014 CHAMPION OF WEIL’S MARCH MADNESS IS…
Apr 2014
363 Sales, Jurisdiction & Appeals
Shoulda Coulda Woulda: Would-Be Bidders Lack Standing to Challenge the Result of an Auction in Bankruptcy
Feb 2014
Utilities
Are Utilities Unfairly Protected Under the Bankruptcy Code?
Dec 2013
Claims, Rules & Procedures
Scheduled Creditors Beware! One Court Surprisingly Says You Are Ineligible to Vote on a Chapter 11 Plan If You Fail to File a Proof of Claim
Nov 2013
Jurisdiction & Appeals
Forget Partying Like It’s 1999; the Ninth Circuit Wants to Adjudicate Like It’s 1998
Oct 2013
Chapter 9, Insurance
Now You See Them, Now You Don’t . . . Now Pay – One Court Weighs in on Insurer’s Continued Liability on Bonds Restructured Under a Chapter 9 Plan of Adjustment
Oct 2013
Jurisdiction & Appeals, Stern Files
Stern Files: Seventh Circuit Sides with Sixth Circuit in Holding that Consent Does Not Cure Bankruptcy Courts’ Lack of Final Constitutional Authority
Aug 2013
DIP Financing
Sharia Compliant DIP Financing: Coming Soon, to a Bankruptcy Court near You
Jul 2013
Contributor(s)
David
Griffiths
Assumption & Rejection, Executory Contracts & Unexpired Leases
Coverage of the June 4, 2013 Chapter 11 Reform Commission Hearing: Part 1 of 2
Jun 2013
Chapter 11 Plans, Pre-Filing Considerations, Real Estate, Secured Claims
The Battle for Camp Bowie: A Fifth-Circuit Story of Artificial Impairment, Cramdown, and the Risks of Secured Creditors
Apr 2013
Cramdown, Jurisdiction & Appeals
Jumpin’ Donuts: Bankruptcy Settlements and the Gifting and Equitable Mootness Doctrines
Jan 2013
Jurisdiction & Appeals, Stern Files
The Stern Files (Seventh Edition)
Dec 2012
North of the Border Update
Critical Supplier Charges in the CCAA
Oct 2012
Automatic Stay
Eighth Circuit Holds Automatic Stay Inapplicable to Action Challenging Transfer of Collateral to Real Estate Improvement District
Aug 2012
North of the Border Update
Québec Court: DIP Lender Has Priority over Pension Plan Deficit
May 2012
North of the Border Update
Changing Horses in Mid Stream: Avoiding a Forced Liquidation by Converting from BIA Proposal Proceedings to CCAA Proceedings
Mar 2012
North of the Border Update
To Restructure or Liquidate? – That is the Question: Dueling CCAA and Receivership Applications
Feb 2012
International
Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law?Part 3 — Out-of-Court Workouts
Feb 2012
Tax Issues
Bankruptcy-Related Expenses: Are They Deductible?
Jan 2012
Chapter 11 Plans, Chapter 9
All aboard! – Owner of Las Vegas Monorail Fails to Ride Out of Bankruptcy
Dec 2011
North of the Border Update
Going, Going, Gone!: First Asset Sale Without a Proposal Approved under BIA Proposal Provisions
Nov 2011
Financing
Reaffirmation Agreements – Not Just for Individual Chapter 7 Debtors
Nov 2011
North of the Border Update
Risky Business: Terminating Contracts Under the Master ISDA Contract
Nov 2011
Case Overviews, Chapter 9, Labor & Employment
A Distressed Municipality with a Plan: The City of Vallejo’s Plan of Adjustment
Oct 2011
Environmental
Southern District of New York Says Environmental Injunctions are Not Claims Subject to Discharge in Bankruptcy
Oct 2011
Jurisdiction & Appeals, Stern Files
The Stern Files (second edition)
Sep 2011
Dodd-Frank & Financial Institution Regulation
Resolution Plan Redux: Rule Requiring Insured Depository Institutions to Submit Resolution Plans Under the FDIA Closely Parallels Rule Requiring Bank Holding Companies to Submit Resolution Plans under the Dodd-Frank Act
Sep 2011
Dodd-Frank & Financial Institution Regulation
FDIC Approves Final Rule Regarding Submission of Resolution Plans: Significant Changes Made in Response to Comments
Sep 2011
Avoidance Actions, Energy Sector, Financing
Be Careful What You Draft for: Delaware Chancery Court Blesses Dynegy’s Reorganization
Aug 2011
Contributor(s)
Gabriel A.
Morgan
Dodd-Frank & Financial Institution Regulation
FSB Issues Recommendations on Global Resolution Planning
Jul 2011
North of the Border Update
Ancillary Recognition Orders – To “Probe” the Legitimate Expectations of Creditors
Jul 2011
Insurance, Jurisdiction & Appeals, Mass Torts
Other People’s Money (Part I)
Jul 2011
Chapter 11 Plans, Releases & Exculpations
Sacrificing Clarity on the Altar of “Comprehensiveness”: Judge Gerber Suggests Using White Space and Headings in Drafting Complicated Plan Provisions
Apr 2011
Dodd-Frank & Financial Institution Regulation
FDIC Proposed Rule Will Determine Which Companies Are Covered By the New Orderly Liquidation Authority
Apr 2011
Chapter 11 Plans
Wrapping up Gifting
Apr 2011
Chapter 9
Is the Debtor Bankrupt Enough? Application of the Chapter 9 Insolvency Test to the City of Vallejo
Apr 2011
363 Sales, Jurisdiction & Appeals
Certificate Holders Are Told to Take a Seat: Court Denies Standing and Finds that Certificate Holders Are Not Parties in Interest
Apr 2011
North of the Border Update
Creeping Rollups: Repaying Pre-Petition Secured Debt Under the CCAA Under a DIP Facility
Mar 2011
363 Sales
Court Holding “Value” in Section 363(f)(3) Means Actual Aggregate Value of Liens Securing the Property Rather Than Face “Amount” of Liens Gets Undersecured Lenders Wired Up
Mar 2011
Corporate Governance & Fiduciary Duties
“The Dog That Has Not Barked” – Delaware Court of Chancery Holds That Delaware LLC Act Bars Creditor Derivative Suits on Behalf of LLCs
Dec 2010
Environmental
Supreme Court’s Denial of Certiorari in Apex Oil Leaves Standing Seventh Circuit Ruling that Environmental Cleanup Injunctions are Not Dischargeable in Bankruptcy
Oct 2010
DIP Financing
Roll-up, Roll-up, Read All about It!
Oct 2010
Contributor(s)
David
Griffiths
Securitizations & Hedges, Utilities
Section 366’s Backdoor: Closing the Forward Contract Loophole for Utility Suppliers
Oct 2010

Weil

Restructuring

Views and developments in the restructuring world from the Restructuring team at Weil

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Editors
Ronit J. Berkovich
Co-Chair, 
New York
Restructuring
David Griffiths
Partner, 
New York
Restructuring
Jessica Liou
Partner, 
New York
Restructuring
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