Weil

Restructuring

Setoffs

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

Setoffs, Third Party Claims

No Setoff Here: Third Circuit Resolves Triangular Setoff Debate Once and for All

Contributor(s)

Ryan C.
Rolston

Delaware District Court Affirms Decision Holding Triangular Setoffs Are Not Permitted

Contributor(s)

Ronit J.
Berkovich

Andriana
Georgallas

Automatic Stay, Pre-Filing Considerations, Setoffs

The Devil is in the Details … The Doctrine of Recoupment

Contributor(s)

Gabriel A.
Morgan

Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality

Contributor(s)

Ronit J.
Berkovich

Andriana
Georgallas

ABI Reform Commission, Automatic Stay, Executory Contracts & Unexpired Leases, Setoffs

ABI Chapter 11 Reform Commission Series: Shallow Harbors? An In-Depth Look at the Proposed Changes to the Safe Harbor Provisions

Avoidance Actions, Setoffs

Whose Value is It Anyway? When it Comes to Three-Party Relationships and Preference Liability, It May Not Matter.

Triangular Setoff: When It Comes to Securities Contracts, It Still Takes Two—and Only Two—to Tango

Eighth Circuit Holds that the "Equities" Do Not Need to Weigh in Favor of a Creditor Seeking Recoupment

Colonial Bancgroup Appellate Court Finds FDIC Entitled to Setoff Rights for Deposits at Failed Bank Subsidiary

Death and Taxes are Certain, Except When it Comes to Post-Confirmation Setoffs

Step Off! Colonial BancGroup Bankruptcy Court Rejects FDIC Setoff Attempt

Can you Subcon Your Way into a Setoff?: An Analysis of Garden Ridge Corp.