Is the Common Interest Privilege Becoming More Common?
Contributed by Frank Grese The scope and application of the common interest privilege can become an issue in chapter 11 cases given the various constituencies with their various interests and shifting...
View ArticleWhat Not to Do When Trying to Establish a $20 Million Value for Estate...
Valuation fights in bankruptcy are often complex and highly technical affairs that, at times, can be rather dry. This was not the case in In re Helena Christian School, Inc., No. 13-60091, (Bankr. D....
View ArticleIn a Setback for Argentina Against its Holdout Bondholders: US Supreme Court...
Yesterday, the US Supreme Court issued a decision in Republic of Argentina v. NML Capital, No. 12-842. In a 7-1 majority opinion, the Court held that the Foreign Sovereign Immunities Act (FSIA) does...
View ArticleThe Cycle of Fiduciary Duties – Owner/Directors of Solvent Companies Owe...
“Always look out for Number One, but don’t step in Number Two” – Rodney Dangerfield “What-eva – I’ll do what I want [as long as my company is solvent]” – Eric Cartman, South Park It is widely known...
View ArticleClik here to view.
Chesapeake Bond Redemption Case: Ambiguity, Plain Meaning and Value
Many readers likely are familiar with the basic tenants of contractual interpretation. The key is to give effect to the intent of the parties. Where contractual language has a plain meaning, that is...
View ArticleDelaware Bankruptcy Court Provides Further Guidance on the Contours of the...
Contributed by Jessica Liou We admit, discovery disputes rarely make for titillating blog posts. But a letter ruling issued towards the end of last year by Judge Shannon in Longview Power, LLC et al....
View ArticleHow to Get a Mediator Appointed in a Bankruptcy Case (Hint: In Some Courts,...
“[W]hat I do have are a very particular set of skills, skills I have acquired over a very long career…” – Bryan Mills (Liam Neeson), Taken In complex bankruptcy cases (or even in simple, but...
View ArticleSpeak Before Confirmation or Forever Hold Your Peace: Tenth Circuit Upholds...
Can a nondischargeability suit survive after a claim is deemed “satisfied in full” under a confirmed plan? The Tenth Circuit recently considered this question in Bank of Commerce & Trust Co. v....
View ArticleLookback Period: Two Weeks
This week, the Weil Bankruptcy Blog premieres a new series, “Lookback Period.” In these entries, we will periodically review and summarize the hot topics on which we have been writing over the last...
View ArticleChesapeake Remand Decision Sets Damages at Make-Whole Price and Offers Food...
Today we write on relatively recent decision on remand in the Chesapeake Energy Corporation early redemption litigation we previously covered. In short, the United States District Court for the...
View ArticleLookback Period: Eight Weeks (Part 4)
As we close out the week, we have our final summary of everything you need to know from the last two months. Enjoy the weekend and keep preparing for back to school bankruptcy! Breathing New Relevance...
View ArticleJudge Scheindlin Rules in Caesars that Trust Indenture Act Bars “Core”...
“Render unto Caesar the things that are Caesar’s, and unto [CEC] the things that are [CEC’s] [?]” – Matthew 22:21 (as revised) Last week, Judge Shira Scheindlin issued a much-awaited decision in the...
View ArticleJudge Scheindlin Rules in Caesars that Trust Indenture Act Bars “Core”...
How many ages hence / Shall this our lofty scene be acted o’er, / In states unborn, and accents yet unknown! – William Shakespeare, Julius Caesar Yesterday, we began our analysis of Judge Scheindlin’s...
View ArticleThe Annoyed Adjudicator: When Recusal is Unnecessary
Over the course of almost a decade of litigation as part of an individual debtor’s chapter 7 bankruptcy case, the bankruptcy judge, in In re Tucker, made “half a dozen or so” comments about the...
View ArticleLookback Period: Two Weeks
From the high-stakes litigation in Caesars to missed deadlines in personal bankruptcy cases, the Weil Bankruptcy Blog served up something for everyone in the first few weeks of September. Here’s a...
View ArticleCan’t Control Your Emotions? Well, Maybe the Bankruptcy Court Can
In the seemingly never-ending post-Stern quest to elucidate what constitutes a “core” versus “non-core” matter – and exactly what impact that distinction has on the bankruptcy court’s authority to...
View ArticleDoes Your Bond Deal Seem Too Good To Be True? Maybe it Violates the Indenture
Although the Weil Bankruptcy Blog generally focuses on developments in the chapter 11 context, from time to time we cover cases outside of the bankruptcy world that may interest our readers. Among the...
View ArticleCourt Tells Junior Investors in CDO “You Gotta Have Faith” – Good Faith and...
Cases analyzing rights under indentures – and the transactions holders and issuers contemplate (or not) under indentures – continue to gain attention in the restructuring world. Some of those cases...
View ArticleNondebtor Alter Egos Don’t Automatically Benefit from the Automatic Stay,...
“[T]he automatic stay is automatic as applied to a debtor because that is what the statute says. As to non-debtors, it is relief that is available, but it is not automatic.” – Judge Brian M. Cogan...
View ArticleBe Careful — You Might Consent to Adjudication in Bankruptcy Court Even If...
“Once again, I’m not quite sure what that means.” – Bobby Boucher, The Waterboy Parties in interest in bankruptcy cases have spent the last four and half years (and perhaps beyond) trying to figure out...
View Article
