The Bankruptcy Blog presents views and developments in the restructuring world from the Business Finance & Restructuring team at Weil.
Articles: 1-10 of 265
How Many Connections are Too Many? Bankruptcy Court Finds Multiple Attenuated Connections Not Enough to Warrant Disqualification of Debtors’ Professional
USA - December 1 2022 In a recent decision of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) in the chapter…
Recent Developments at the Intersection of Bankruptcy and Environmental Law
USA - August 8 2022 Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that "issues as to the interplay between environmental law and bankruptcy are among the…
The Supposed Hierarchy of “Efforts” Clauses
USA - July 27 2022 Despite Yoda’s famous pronouncement in the original Star Wars movie that there was “no try,” only “do, or do not,” it is common in acquisition…
Avoiding Foreign Transfers Based on Foreign Law Claims: Norske Case Favors Flexible Approach to Safe Harbor Analysis in Chapter 15
USA - May 3 2022 In a 2021 chapter 15 decision, In re Bankruptcy Estate of Norske Skogindustrier ASA, the United States Bankruptcy Court for the Southern District of…
Lenders Beware: Lender Liability is Real and Can Cost You Dearly
USA - February 7 2022 There is a common misconception that lender liability is a thing of the past. However, a recent decision provides a warning to lenders that they can…
Valuing Business Interruption Claims in a Post-Pandemic World
USA - November 24 2021 Courts across the globe are flooded with business interruption insurance claims arising out of the COVID-19 pandemic, extreme weather events…
Debt or Equity? SDNY Bankruptcy Court Says “Debt” in a Recent Case Involving Recharacterization of a Party’s Debt Claim as Equity
USA - July 2 2021 In a recent decision, In re Live Primary, LLC, 626 B.R. 171, 178 (Bankr. S.D.N.Y. 2021), the Bankruptcy Court for the Southern District of New York…
No Time Runs against the King (IRS): The Golden Creditor Rule and its Discontents
USA - June 11 2021 A bankruptcy court in North Carolina recently joined a growing number of courts allowing debtors and trustees to avoid prepetition…
Adjust Your Focus When Due Process Requirements Are Blurry: Third Circuit Finds Kodak’s Notice of Publication Sufficient for Unknown Tort Claimant
USA - May 24 2021 A fundamental tenet of bankruptcy law is that a debtor will have the ability to get a fresh start once it emerges. A company’s ability to discharge…
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
USA - April 9 2021 On March 15, 2021, the Third Circuit Court of Appeals (the “Third Circuit”) held that a stalking horse bidder may assert an…
