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Results: 1-10 of 859

Be Wary of a Someone Offering a “Fulsome” Set of Reps
  • Weil Gotshal & Manges LLP
  • USA
  • July 28 2016

Sometimes deal terminology has to be understood without resort to a dictionary. There is a well-understood body of deal slang that is not actually


You Can’t Buy Me Love and You Can’t Buy a 363(f) Order
  • Weil Gotshal & Manges LLP
  • USA
  • July 27 2016

Under Section 363(f) of the Bankruptcy Code, a debtor or trustee can sell estate assets “free and clear of any interest” in such assets. This short


Desperate Times Call for Desperate Measures: Delaware Bankruptcy Court Doesn’t Answer in Syntax-Brillian, Denying Motion to Remove Trustee
  • Weil Gotshal & Manges LLP
  • USA
  • July 26 2016

The Bankruptcy Code’s priority scheme provides that the shareholders generally cannot receive anything on account of their investment until all


Back to Square One Eighth Circuit Bankruptcy Appellate Panel Reverses Motion to Dismiss Bankruptcy Case Based on Reversal of Three Year Old Ruling
  • Weil Gotshal & Manges LLP
  • USA
  • July 25 2016

We have written on other occasions on Civic Partners Sioux City, LLC. When we last wrote in 2015, the debtor had lost the last of many interlocutory


Subjective Intent to Assume Unexpired Lease of Nonresidential Real Property Deemed Insufficient
  • Weil Gotshal & Manges LLP
  • USA
  • July 20 2016

Pursuant to a provision of the Bankruptcy Code familiar to readers of Weil’s Bankruptcy Blog (see our prior post, To Assume or Not to Assume, that Is


District Court Denys Interlocutory Appeal of Protective Order
  • Weil Gotshal & Manges LLP
  • USA
  • July 19 2016

In the latest decision to emanate from the Madoff bankruptcy, the United States District Court for the Southern District of New York denied the


First Circuit Affirms Sanctions Order From Massachusetts Bankruptcy Court Requiring Bankruptcy Attorney to Return to Law School For Ethics Class
  • Weil Gotshal & Manges LLP
  • USA
  • July 18 2016

When does zealous representation cross the line and become subject to sanctions by the bankruptcy court? In most cases, attorneys are expected to


Court Declines to Convert a Chapter 12 Case to a Chapter 11 Case
  • Weil Gotshal & Manges LLP
  • USA
  • July 15 2016

Recently, a bankruptcy court in the First Circuit, confronted with whether the debtors’ chapter 12 case could be converted to a chapter 11 case - an


Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split
  • Weil Gotshal & Manges LLP
  • USA
  • July 14 2016

A decision from the United States Supreme Court penned by Justice Sonia Sotomayor adopted a broad reading of “actual fraud” in section 523(a)(2)(A


Court Finds that Absolute Priority Rule Applies in Individual Chapter 11 Cases
  • Weil Gotshal & Manges LLP
  • USA
  • July 13 2016

While the majority of the cases covered by the Weil Bankruptcy Blog address issues arising in corporate restructurings, cases concerning individual