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Delaware Bankruptcy Court Holds That Committee Professionals Cannot Contract Around Baker Botts v. ASARCO
  • Weil Gotshal & Manges LLP
  • USA
  • February 8 2016

Last June we covered the U.S. Supreme Court’s decision in Baker Botts LLP v. ASARCO, which held that the estate may not compensate professionals


Can a Debtor Appeal Confirmation of its own Plan? The Eighth Circuit Applies the Person-Aggrieved Doctrine
  • Weil Gotshal & Manges LLP
  • USA
  • February 5 2016

The bankruptcy process is often long and arduous for clients, whether debtor or creditor, and their counsel. Bankruptcy courts feel the pain, too. So


Delaware Bankruptcy Court Addresses When and Whether Creditors are Entitled to Postpetition Interest in Chapter 11 - Part 4
  • Weil Gotshal & Manges LLP
  • USA
  • February 4 2016

This is the fourth and final post in our series on Judge Sontchi’s postpetition interest decision in Energy Future Holdings, issued on October 30


Fourth Circuit Affirms Dismissal of FCA Suit Based On Public Disclosure Bar
  • Weil Gotshal & Manges LLP
  • USA
  • February 4 2016

Last week, the Fourth Circuit affirmed the dismissal of a qui tam action based on the pre-2010 version of the False Claims Act’s (“FCA”) public


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
  • Weil Gotshal & Manges LLP
  • USA
  • February 2 2016

The July 2015 filing of a chapter 11 bankruptcy petition that put Curtis James Jackson III (aka “50 Cent”) in the club of bankruptcy-filing rappers


Let Me Be Clear: Fifth Circuit Holds Generic Plan Release Language Lacks Specificity to Discharge Creditor’s Claims Against Officer of the Debtor
  • Weil Gotshal & Manges LLP
  • USA
  • February 1 2016

When it comes to releases, plan proponents generally agree the broader the better. But when plan proponents include far reaching and all-encompassing


New Year, New Changes to the FRCP
  • Weil Gotshal & Manges LLP
  • USA
  • January 29 2016

Happy 2016! In addition to (hopefully) bringing good cheer, the New Year will see federal courts shaping the contours of recently enacted changes to


Second Circuit Wyly’ing Out? Asset Freeze Order Doesn’t Violate the Automatic Stay
  • Weil Gotshal & Manges LLP
  • USA
  • January 27 2016

Recently, in SEC v. Miller, No. 14-4261-cv (2d Cir. Dec. 18, 2015), the Second Circuit held, among other things, that a postpetition asset freeze


What’s New for the 2016 Proxy Season: Engagement, Transparency, Proxy Access and More
  • Weil Gotshal & Manges LLP
  • USA
  • January 26 2016

While shareholders have a wide spectrum of views on corporate objectives, the time horizon for realizing these objectives and environmental, social


Sentinel Appeal Part II: Seventh Circuit Discusses Equitable Subordination of Non-Insider
  • Weil Gotshal & Manges LLP
  • USA
  • January 26 2016

Yesterday’s post discussed the recent appellate ruling in Sentinel’s bankruptcy, Grede v. Bank of New York Mellon Corp. (In re Sentinel Management