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

Chapter 11 Plans, Due Process Concerns, Jurisdiction & Appeals, Litigation Issues, Post-Confirmation Issues

What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party

Contributor(s)

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?