Weil

Restructuring

International

The Supposed Hierarchy of “Efforts” Clauses

Contributor(s)

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

Contributor(s)

Ronit J.
Berkovich

Furqaan
Siddiqui

Assumption & Rejection, Automatic Stay, Chapter 11 Plans, Chapter 15, Cramdown, DIP Financing, Executory Contracts & Unexpired Leases, Financing, International, Jurisdiction & Appeals, Out-of-Court Restructuring, Pre-Filing Considerations, What We're Watching

Aviation Chapter 11 Cases Take Flight

Contributor(s)

Chapter 15, Claims, International, Litigation Issues, Pre-Filing Considerations

Clearing a Runway to Litigating Claims: The Principle of Comity and Pre-Litigation Discovery in Chapter 15 Cases

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

New tax developments for insolvency and restructuring deals

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

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

London Restructuring Bulletin: What will 2018 hold?

Contributor(s)

Andrew J.
Wilkinson

Avoidance Actions, International

Extra-territorial Transfers Don’t Phone Home: Revisiting the Presumption Against Extraterritoriality in Ampal–American

London Restructuring Bulletin: Looking Ahead to 2017

Contributor(s)

Andrew J.
Wilkinson

Financial Markets, International

ICYMI . . . Sovereign debt restructuring: what can we learn from Argentina, Greece and Ukraine?

Contributor(s)

Andrew J.
Wilkinson

Kirsten
Erichsen

Financial Markets, International

ICYMI . . . EU Referendum

Contributor(s)

Andrew J.
Wilkinson

EU insolvency law reform could boost growth and jobs across Europe, finds new report

Contributor(s)

Andrew J.
Wilkinson

Section 236, extra-territorial effect and a way forward following Re MF Global UK Ltd and Re Omni Trustees Ltd

Contributor(s)

Lindsay
Merritt

Partner Andrew J. Wilkinson Interviewed by The Banker on Ukraine’s Sovereign Debt Restructuring

Contributor(s)

Andrew J.
Wilkinson

Avoidance Actions, International

Extraterritorial Transactions – a Viable Way to "Take the Money and Run"?

Ukraine’s Sovereign Restructuring: Why is this sovereign deal ground-breaking?

Contributor(s)

Andrew J.
Wilkinson

Ukraine’s sovereign restructuring: launch of $18bn simultaneous exchange offers

Avoidance Actions, Chapter 15, Chapter 7 Trustees, Claims, Due Process Concerns, Financing, International, Litigation Issues, Lookback Period, Mass Torts

Lookback Period: Two Weeks

Avoidance Actions, Chapter 15, Claims, International

Bankruptcy Court Analyzes English and Luxembourgish Insolvency Law – Opts to Take a Cup of Tea With its Decision and Decline Luxembourg’s eau de vie1

Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims

Lookback Period: Eight Weeks (Part 3)

Greek bank bonds: brace yourself for bail-in

Contributor(s)

Andrew J.
Wilkinson

NPL innovation – examples from Italy

UK High Court judgment on Lehman Waterfall II application, parts A and B

Contributor(s)

Chapter 15, International

OAS S.A. Part III – SDNY Takes a Narrow View of Chapter 15’s Public Policy Exception

Chapter 15, International

OAS S.A. Part II – SDNY Holds That Austrian Financing Subsidiary Has Its Center of Main Interests in Brazil

Chapter 15, International

SDNY Sides with Fifth Circuit and the UNCITRAL Model Law when Granting Recognition to OAS S.A. et al.

What’s next for insolvency law reform in Europe: a pan-European insolvency law?

Contributor(s)

Andrew J.
Wilkinson

German BaFin permits origination, restructuring and prolongation of loans to German borrowers by certain funds without a banking licence

Breaking the Code, International

Pitfalls for Foreign Enterprises Seeking to Restructure Under the Bankruptcy Code

Breaking the Code, International

Section 109(a) – Filing a Chapter 11 Case for a Foreign Business

Can ISDA’s Close-out Protocol Stay the Next Lehman Brothers?

Contributor(s)

Andrew J.
Wilkinson

UK Court of Appeal judgment in Lehman Waterfall I appeal

Contributor(s)

Closing a loophole, confirming market practice

Contributor(s)

The (not just) Small Business, Enterprise and Employment Act 2015

Contributor(s)

The Moral of the Tael

Contributor(s)

Lindsay
Merritt

Financial Markets, International

The EU Bank Recovery and Resolution Directive: moving towards full implementation

Frivolous Petitions Cannot Be Completely Eliminated

Scheme Hot Topics

Contributor(s)

Andrew J.
Wilkinson

Alma: the test case introducing the ‘accelerated safeguard’

Scheme hot topics

Contributor(s)

Andrew J.
Wilkinson

International, North of the Border Update

Recognizing Foreign Proceedings Under the Canadian Bankruptcy and Insolvency Act: Re MtGox Co

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

Contributor(s)

Andrew J.
Wilkinson

Bank of England's New Strategy for Resolving Failing Financial Institutions

Contributor(s)

Andrew J.
Wilkinson

Avoidance Actions, Financing, International

Free Trade, Comity, and the Bankruptcy Code

Courtroom Drama: Argentinian Sovereign Debt

Cryptocurrency Issues, Chapter 15, Financial Markets, International, Jurisdiction & Appeals, Pre-Filing Considerations

Foreign Bitcoin Exchanges and Chapter 15

UK High Court Judgment in MF Global Special Administration on “Client Money Shortfall Application”

Contributor(s)

Proving for Pensions – UK Supreme Court rules that secondary pensions liability imposed by the Pensions Regulator ranks alongside other unsecured creditors in an administration

The Co-operative Bank – first use of “bail-in” powers by the UK’s Prudential Regulation Authority – or not?

Inherent Sense: High Court Approves Client Money Distribution Procedure

Contributor(s)

Establishing an Establishment – An Olympian hurdle?

Eurosail: Balance Sheet Test of Insolvency

Suntech Power: Challenges under PRC Bankruptcy

Winding in the Golden Thread: The English Supreme Court rules that no special treatment applies to recognition of judgments in foreign bankruptcy proceedings

Thanks a Trillium! English High Court holds that a run off of liabilities in England does not comprise "economic activity," a necessary component of the definition of "establishment" required to provide the English courts with jurisdiction to open secondary insolvency proceedings.

UK Pensions Regulator Packs its Punches in Box Clever [and news of the next bout in the UK Lehman/Nortel pensions proceedings in the Supreme Court]

PrimaCom: Stand by, Europe and Beyond, for a New Wave of English Scheme Restructurings

UK's Supreme Court Hands Down Judgment on "Client Money" Issues in Lehman

Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law?Part 3 — Out-of-Court Workouts

Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law? Part 2 — Liquidations

Dead or Alive – Liquidation or Restructuring under the Hungarian Insolvency Law?

German Insolvency Law Reform (ESUG): More Creditors’ Influence, More Debt-For-Equity Swaps, More Self-Administration?

Chapter 15, International

You Are Now Entering the Twilight Zone: The British Virgin Islands, The Only Place Where Madoff, Stern, and Chapter 15 Meet

Automatic Stay, Chapter 15, International

Bankruptcy Court Holds That Foreign Debtor’s Chapter 15 Stay Is Not Here to Stay

Chapter 15, International

The British Virgin Islands: A Paradise to Tourists and Mutual Fund Investors Alike… with Blue Skies, Full Moon Parties… and Clawback-Free Zones

Major Banking Reforms to Be Implemented in the UK … Eventually …

UK Pre-Pack Proposals Given the Thumbs Down

English Courts Scheming Widely

The Point of No Return: The English Appeal Court Interprets the Balance Sheet Test for Insolvency

Moral Hazard for Officeholders? The Lehman Brothers/Nortel Networks Decision

Cross-Border Update on German Restructuring – Who Pays Next Time?

Cross-Border Update on German Restructuring – Who Pays Next Time?

Cross-Border Update on German Restructuring – Who Pays Next Time?

France Gives the Thumbs Up to a Pre-Pack Restructuring Procedure – Introducing the Sauvegarde Express

Navigating the Cross-Border Insolvency Regulations 2006

European Directories: English Court of Appeal Gives Thumbs Up to Senior Lenders’ Enforcement Strategy and Throws Out Junior Creditors’ Challenge on Intercreditor Release Provisions

Truvo – A Developing Trend in Turbo-Powered Injunctions with Cross-Border Impact?

Eurofinance: English Court Enforces as an English Judgment a U.S. Bankruptcy Court Judgment