The Weil Bankruptcy Blog is on its holiday break until 2015, but in the meantime, we leave you with our retrospective on 2014, and our look ahead to the world of restructuring in 2015.

2014 has been a tumultuous year, filled with tragedy and interstellar triumphs: Ebola; Sochi; Ukraine; Flight 370; ISIS; Flight 17; Comet 67P. Life in the corporate bankruptcy and restructuring world was considerably more sedate than in the world at large. Now five and six years removed, some of the mega cases of the 2008 and 2009 era linger on and continue to generate interesting legal developments. Continue reading >>

2014: Bankruptcy and Restructuring Annual Review

December 19, 2014

2014 has been a tumultuous year, filled with tragedy and interstellar triumphs: Ebola; Sochi; Ukraine; Flight 370; ISIS; Flight 17; Comet 67P. Life in the corporate bankruptcy and restructuring world was considerably more sedate than in the world at large. Now five and six years removed, some of the mega cases of the 2008 and […]

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The Need for Greater Transparency in Municipal Bankruptcies

December 18, 2014

The following article was written by Kenneth R. Epstein and Nelly Almeida and originally published in the December 8, 2014 edition of the New York Law Journal.  Kenneth Epstein is the Managing Director of the Insured Portfolio Management Special Situations Group at MBIA Insurance Corporation. A link to the journal can be found here.”  A […]

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The Cycle of Fiduciary Duties – Owner/Directors of Solvent Companies Owe Fiduciary Duties Only to Themselves

December 17, 2014

“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 that under Delaware law, officers and directors of a solvent corporation owe fiduciary duties not to the […]

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Slouching Towards Bankruptcy: Corporate Fiduciaries Escape Liability in Ultimate Escapes

December 16, 2014

As a company turns in the widening gyre of financial distress, its directors and officers are often confronted with situations that require them to make difficult decisions. Should things fall apart, those decisions may give rise to claims that directors or officers breached their fiduciary duties to the company. A recent decision by the United […]

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Why You May Not Want to Get All Your News From Facebook

December 15, 2014

Providing proper notice to existing and potential creditors is an important consideration for debtors’ counsel. A seminal Supreme Court decision established that due process for “unknown” claimants is generally satisfied by publication notice, so long as it is reasonably calculated to reach such creditors under the circumstances. As covered extensively on this blog here, here […]

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Bankruptcy Court Decision Sheds Light on Cross-Border Eligibility, Venue, and COMI Issues (Part Two)

December 12, 2014

In the first part of our two-part series on In re Suntech, we discussed the bankruptcy court’s ruling that Suntech was eligible to be a debtor under the Bankruptcy Code and that venue was proper in the Southern District of New York because of a bank account established in New York on the eve of […]

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