Weil

Restructuring

Case Overviews

Avoidance Actions, Case Overviews, Property of the Estate, Rules & Procedures

A Tale of Fraud and Overzealousness: How the Judicial Shrinkage of “Initial Transferee” Saved an Innocent Immigrant From a Corrupt Car Dealer and a Troublesome Trustee

Contributor(s)

Ronit J.
Berkovich

Case Overviews, Constitutional Law, Fees, Jurisdiction & Appeals, News, What We're Watching

Supreme Court Resolves Split on U.S. Trustee Fees

Contributor(s)

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)

Contributor(s)

Ronit J.
Berkovich

Chapter 13, Automatic Stay, Avoidance Actions, Breaking the Code, Case Overviews, Chapter 11 Trustees & Examiners, Jurisdiction & Appeals, Litigation Issues, Property of the Estate, Secured Claims, What We're Watching

Courts Begin to Wrestle with the Impact of City of Chicago, Illinois v. Fulton on a Debtor’s Ability to Recover Estate Property

Contributor(s)

Jennifer Brooks
Crozier

Avoidance Actions, Case Overviews, Chapter 15, What We're Watching

Avoiding Foreign Transfers Based on Foreign Law Claims: Norske Case Favors Flexible Approach to Safe Harbor Analysis in Chapter 15

Contributor(s)

Andriana
Georgallas

Case Overviews, Jurisdiction & Appeals, Pre-Filing Considerations

Far and Wide: Bankruptcy Court’s Expansive Definition of “Property” Under Section 109(a)

Contributor(s)

Automatic Stay, Case Overviews, Chapter 7 Trustees, Financial Markets, Litigation Issues, Property of the Estate

Lenders Beware: Lender Liability is Real and Can Cost You Dearly

Contributor(s)

Ronit J.
Berkovich

Alejandro
Bascoy

Case Overviews, Claims, Distressed Debt Funds, Financing, Litigation Issues, Post-Confirmation Issues, Sponsor/Owner Series, Third Party Claims

ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Distressed Portfolio Company Risks (Part I: Sponsor Breach of Company Loan Agreement)

Contributor(s)

Ronit J.
Berkovich

Arbitration, Assumption & Rejection, Case Overviews, Executory Contracts & Unexpired Leases

Arbitrate? You Can’t Make Me! Rejection Trumps Arbitration, Says Texas Bankruptcy Court

Contributor(s)

Ronit J.
Berkovich

363 Sales, Case Overviews, Chapter 7 Trustees, Real Estate, Rules & Procedures, Valuation

Going, Going, Gone: Third Circuit Confirms Auction Outcome Can Be Strong Evidence of Fair Value

Contributor(s)

David
Griffiths

Justin
Armstrong

Case Overviews, Constitutional Law, Energy Sector, Government, Litigation Issues, Post-Confirmation Issues

The Third Circuit Lets the Katz Out of the Bag: No Sovereign Immunity for California in the Post-Confirmation Venoco Dispute

Contributor(s)

Ronit J.
Berkovich

Austin
Crabtree

Case Overviews, Government, News, What We're Watching

Bankruptcy No Sanctuary Against Government Enforcement Actions: NRA’s Chapter 11 Case Dismissed as Bad Faith Filing

Contributor(s)

Ronit J.
Berkovich

Avoidance Actions, Case Overviews, Chapter 15, What We're Watching

Avoiding Foreign Transfers Based on Foreign Law Claims: Fairfield Sentry Cases Illustrate Broad Scope of Safe Harbor in Chapter 15

Contributor(s)

Andriana
Georgallas

Avoidance Actions, Case Overviews, Chapter 11 Trustees & Examiners, Chapter 7 Trustees, Government, Lookback Period, What We're Watching

No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents

Due Process, Bar Dates, Breaking the Code, Case Overviews, Claims, Constitutional Law, Mass Torts, Post-Confirmation Issues

Adjust Your Focus When Due Process Requirements Are Blurry: Third Circuit Finds Kodak’s Notice of Publication Sufficient for Unknown Tort Claimant

Contributor(s)

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

Contributor(s)

Ronit J.
Berkovich

Avoidance Actions, Case Overviews, Litigation Issues, What We're Watching

Delaware Bankruptcy Court Weighs in: Debtors Are Not Excluded From Bankruptcy Code’s Definition of “Financial Participant” and Safe Harbor

Contributor(s)

Case Overviews, Chapter 11 Plans, Fees, Jurisdiction & Appeals, Post-Confirmation Issues, What We're Watching

In re Buffets: A Fees-t for the United States Trustee

Contributor(s)

Breaking the Code, Case Overviews, Chapter 11 Plans, Claims, Jurisdiction & Appeals, Post-Confirmation Issues, Rules & Procedures

Yeah, We Can Take It – Texas Bankruptcy Court Defines the Scope of Its Post-Confirmation Jurisdiction

Contributor(s)

Avoidance Actions, Case Overviews, Constitutional Law, Jurisdiction & Appeals, Litigation Issues, Property of the Estate

Fraudulent Transfer Claims Avoid State Sovereign Immunity, But Only If a Property Interest Exists Under State Law

Contributor(s)

Ronit J.
Berkovich

Case Overviews, Financing, Secured Claims

Covenant of Good Faith and Fair Dealing Examined: La Paloma

Contributor(s)

Ronit J.
Berkovich

Automatic Stay, Case Overviews, Jurisdiction & Appeals, Rules & Procedures

Denial of Stay Relief is a Final Order, Says the U.S. Supreme Court

Contributor(s)

Ronit J.
Berkovich

363 Sales, Case Overviews, Healthcare, What We're Watching

Bankruptcy Court Confirms High Burden to Find Material Adverse Effect in Asset Purchase Agreement

Contributor(s)

Ronit J.
Berkovich

Case Overviews, Chapter 15, International

syncreon’s Financial Restructuring Implemented by Landmark English Schemes of Arrangement with Parallel Chapter 15 and CCAA Recognition

Contributor(s)

Andrew J.
Wilkinson

Avoidance Actions, Case Overviews, Litigation Issues, What We're Watching

Safe Harbor Re-Opened? SDNY Revisits Merit Management

Contributor(s)

Case Overviews, Chapter 15, Due Process Concerns, International

The High Burden to Satisfy the “Manifestly Contrary to Public Policy” Standard of Chapter 15

Contributor(s)

Ronit J.
Berkovich

Avoidance Actions, Case Overviews

Going Once, Going Twice: Avoiding a Prepetition Foreclosure Sale in Chapter 11

Contributor(s)

Case Overviews, Corporate Governance & Fiduciary Duties, Litigation Issues

Seventh Circuit Affirms Summary Judgment Decision Piercing the Corporate Veil Considering Egregious and Uncontested Facts

Credit Bidding, Case Overviews, Distressed Debt Funds, Secured Claims, Valuation

Delaware Bankruptcy Court Declines to Bind Credit Bidders to the Mast

Contributor(s)

Avoidance Actions, Case Overviews, Pre-Filing Considerations

A Check is Transferred When It's Honored, Not Delivered

Contributor(s)

Case Overviews, Due Process Concerns, International, Jurisdiction & Appeals, Litigation Issues, Stern Files

In Advance Watch, SDNY Bankruptcy Court Offers How-To Guide on Serving Process on Foreign Defendants and Applies Broad Implied Consent Standard under Stern and Wellness

Contributor(s)

Ronit J.
Berkovich

Case Overviews, Chapter 11 Plans, Cramdown, Plan Solicitation & Voting, Secured Claims

Upon Further Review, Ninth Circuit Finds No Flag On the Play – Creditor Allowed to Block a Cram-Up Plan Following Claims Purchases

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

Contributor(s)

Ronit J.
Berkovich

Case Overviews, CERCLA, Environmental, Estoppel, Settlement

No Contradiction in Contribution: Tenth Circuit Finds that Bankruptcy Court Approval of Settlement of CERCLA Environmental Claims Does Not Estop Subsequent CERCLA Contribution Claim

Case Overviews, Chapter 11 Plans, Releases & Exculpations

The Thirteenth Labor of Hercules: Bankruptcy Court Confirms Hercules Offshore Chapter 11 Plan, Approving Debtor Releases Over Committee Objections

Contributor(s)

Stephanie
Morrison

Case Overviews, Corporate Governance & Fiduciary Duties

District Divided: Tribune Decision Creates SDNY Split over Standard for Imputing Officer and Director Intent to a Corporation

Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split

Not So Swift: Delaware District Court Gives Remedial Lesson in Basic Contract Law Finding that an RSA Would Likely Be Enforced According to Its Terms

MLB, McCourt and Magic: Revisiting the Los Angeles Dodgers’ Bankruptcy Five Years Later

Case Overviews, Humor

Backstage Rider Demands: 10 Bottles of Dom Perignon, M&Ms (Absolutely No Brown Ones!), Two Ice Cream Cakes, and a DIP Carve Out

Contributor(s)

Fourth Circuit Finds That Bankruptcy Court Sale Orders Should Be Granted Preclusive Effect

Automatic Stay, Case Overviews, Chapter 11 Plans, Humor

50 Cent: You Love Him in a Bentley, But Would You Love Him on a Bus? 50’s Creditors Have 21 Questions, and They’re All About U.S. Bankruptcy Law

Contributor(s)

The Eternal Pursuit to Collect: Due Process Rights and Actions to Collect on a Debtor’s Defaulted Student Loans

Avoidance Actions, Case Overviews, Claims, Distressed Debt Funds, Due Process Concerns, Litigation Issues, Lookback Period, Rules & Procedures

Lookback Period: Eight Weeks (Part 4)

What Marblegate Can Teach Us About the Protections Available to Minority Noteholders in an Out-of-Court Restructuring

Contributor(s)

Harvey Miller on Repeat Chapter 11 Filings

Case Overviews, Constitutional Law, Jurisdiction & Appeals, Pre-Filing Considerations

Wisconsin Bankruptcy Court Says “I Do” to Same-Sex Spouses’ Bankruptcy Petition

U.S. Court Says “I Don’t Understand” to Foreign Litigant’s “Language Barrier” Defense

Case Overviews, Jurisdiction & Appeals

The Curious Case of Authority to File a Bankruptcy Petition

All Mixed Up, Don’t Know What to Do the Eleventh Circuit Knows What to Do – Sorting Out Commingled Proceeds of a Ponzi Scheme

Dismissal, Case Overviews, Jurisdiction & Appeals

Summer Saga: Bankruptcy Court Construes Operating Agreement to Determine Chapter 11 Filing Authority

Case Overviews, News

Weil’s Smolinsky Interviewed on Reader’s Digest Bankruptcy

Second Circuit Construes Pari Passu Clause in Argentine Bond Issuance (But the Saga Continues)

Harvey Miller Speaks About Lehman, Kodak and More on Bloomberg Surveillance

Case Overviews, Chapter 11 Plans, Pre-Filing Considerations, Real Estate

Plan Accordingly: After Finding “Artificial” Impairment, Court Finds Plan Proposed In Bad Faith

Case Overviews, Chapter 11 Plans

Eleven Years in Chapter 11

Avoidance Actions, Case Overviews, Claims, Energy Sector, Financing

Dynegy Global Settlement Approved

Defending An Innovative Use of the Bankruptcy Code

Case Overviews, Chapter 11 Plans

Case Overviews, Chapter 9, Labor & Employment

A Distressed Municipality with a Plan: The City of Vallejo’s Plan of Adjustment

Case Overviews, Events

Goldstein on Restructuring: Video Interview

CIT – One Year On

Contributor(s)

David
Griffiths