Post-Vitro, SDNY Bankruptcy Court Approves Recognition Order Seeking...
In a previous blog post, we examined the Fifth Circuit Court of Appeals’ Vitro decision, in which it upheld the bankruptcy court’s denial of a request by a foreign debtor’s representative for...
View ArticleDespite Lack of Value, Seventh Circuit Permits Nonrecourse Secured Lender to...
In an issue of first impression before it, the Seventh Circuit Court of Appeals held in In re B.R. Brookfield Commons No. 1, LLC that the plain language of section 1111(b) of the Bankruptcy Code...
View ArticleUnreasonably Small Capital
In previous posts in our Slice of the Pie series, we examined the statutory definition of insolvency as applicable to corporate and municipal debtors, exploring the differences between balance sheet...
View ArticleMass Tort Bankruptcies and Valuation Considerations in the Claims Estimation...
In our previous entries in the Slice of the Pie series, we explored the art of valuation and the role of the artist, or valuation expert, in assisting a court’s determination of a debtor’s solvency...
View ArticleIn Pari Delicto — An Auditor’s Best Friend?
The fallout from the failures of Refco, Madoff, MF Global, and many other investment firms in the past decade has spawned numerous lawsuits against, among others, the firms’ advisors by trustees and...
View ArticleJudicial Estoppel, or Why You Can’t Talk Outside Both Sides of Your Mouth in...
Among equitable doctrines, the doctrine of equitable mootness — which essentially allows courts to dismiss appeals from bankruptcy confirmation or sale orders where, as a result of the plan going...
View ArticleThe Rural/Metro Decision and its Relevance to Reorganization
The recent decision by Vice Chancellor Laster of the Delaware Chancery Court, In re Rural/Metro Corp. Stockholders Litigation has generated substantial interest and discussion within the legal and...
View ArticleThe Interplay between Section 502(d) of the Bankruptcy Code and SIPA’s...
Canons of statutory construction are used frequently to resolve ambiguities in the Bankruptcy Code. In a recent decision arising out of the Madoff liquidation, Judge Rakoff of the Southern District of...
View ArticleThe Business Behind Renting a Resort Villa
Some of our readers may have had the pleasure of renting a resort villa during their summer vacation (electronic postcards of such fancy digs are always welcome at the Weil Bankruptcy Blog, especially...
View ArticleBank for Sale – Involuntary Petition Against Bank Holding Company Sustained
During the 2008 financial crisis and its aftermath, it became commonplace for a distressed bank to be taken over(night) by the Federal Deposit Insurance Corporation (FDIC) and then sold, that same day,...
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