Weil

Restructuring

Post-Confirmation Issues

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

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

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

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

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)

Contributor(s)

Ronit J.
Berkovich

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)

Corporate Governance & Fiduciary Duties, Litigation Issues, News, Post-Confirmation Issues, What We're Watching

Warning to Directors of Selling Companies: Breach of Fiduciary Duty Liability May Exist for Failure to Investigate and Ensure Solvency of Company Post-Closing and Propriety and Effect of All Related Transactions (But You Can Protect Yourself)

Contributor(s)

Ronit J.
Berkovich

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)

363 Sales, Chapter 11 Plans, Distressed Debt Funds, Jurisdiction & Appeals, Post-Confirmation Issues

The Cloak of Good Faith: Protecting Bankruptcy Sales from Appellate Review

Post-Confirmation Issues

Lesson Learned: Sometimes Paying Zero Is Still Too Much for Student Debtors

Arbitration, Chapter 11 Plans, Intellectual Property, Litigation Issues, Post-Confirmation Issues

Barred by Res Judicata & Judicially Estopped – Court Finds That Netflix Has No Chill

Post-Confirmation Issues

The Battle of the Student Loan Discharge

Post-Confirmation Issues

Southern District of New York Reopens Atari’s Bankruptcy Cases

Post-Confirmation Issues, Rules & Procedures

Court of Appeals Reminds Debtors That Honesty Is Not Only the Best Policy, But Is Required

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

Claims, Environmental, Post-Confirmation Issues, Third Party Claims

Clean Up for What?! After Enough Time, You Can Leave Your Mess Behind.

Chapter 11 Plans, Post-Confirmation Issues

Reminder: Not All Prepetition Claims Against Reorganizing Chapter 11 Debtor Are Dischargeable Under Chapter 11 Plan

Post-Confirmation Issues, Secured Claims

Claim Disallowance and Lien Avoidance: A Distinction with a Difference

Post-Confirmation Issues, Rules & Procedures

Deadlines are Dead Serious

Claims, Post-Confirmation Issues

I’ll Make Your Airplane Parts, but I Won’t Indemnify You: Texas Court Says An Indemnity Obligation is a Claim

Claims, Jurisdiction & Appeals, Post-Confirmation Issues

Exploring the Limits of a Chapter 11 Discharge: Can Pre-Bankruptcy Conduct Serve as the Basis for Calculating Damages on a Post-Bankruptcy Claim?

Post-Confirmation Issues

Are You Ready for Some (Fantasy) Football? Or, Why Fantasy Football May Help You to Discharge Your Student Debt

Claims, Mass Torts, Post-Confirmation Issues

Frenville Leaves Its Footprints Behind as Third Circuit Refuses to Discharge Latent Claims

Claims, Jurisdiction & Appeals, Post-Confirmation Issues

Continuing Uncertainty About Continuing Claims

Claims, Environmental, Mass Torts, Post-Confirmation Issues

Redefining Unknown Claims in Bankruptcy – Are the Courts Shifting Back to a Test that Might Favor Reorganized Debtors?

Assumption & Rejection, Executory Contracts & Unexpired Leases, Post-Confirmation Issues

When Is a Debtor Really Off the Hook on a Rejected Lease? (The Answer May Not Be as Simple as You Think)

Chapter 11 Plans, Chapter 7 Trustees, Post-Confirmation Issues

Picking at the Carcass: Thanksgiving Thoughts from the Weil Bankruptcy Blog

Post-Confirmation Issues

Being In Love Means Never Being Able To Get Your Student Loans Discharged, Or Why Stedman Graham Should Have To Pay His Student Loans

Post-Confirmation Issues

A Debtor's Chapter 11 Case: It’s Not Over ’Til It’s Over – or Is It?