Momentous Decision in Momentive Performance Materials: Subordination Is as Subordination Does

September 11, 2014

As we began discussing this week in our previous entries, on August 26, 2014, Judge Drain of the Bankruptcy Court for the Southern District of New York issued a momentous bench ruling in connection with the confirmation hearing of Momentive Performance Materials and its affiliates. The decision grappled with a number of important topics in […]

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Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part II

September 10, 2014

On August 26, 2014, Judge Drain concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders. This four-part Bankruptcy Blog series examines Judge Drain’s rulings in detail, with Part […]

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10-16-2014 to 10-17-2014: 34th Annual Midwestern Bankruptcy Workshop

September 9, 2014

Weil partner, Debra A. Dandeneau, will participate on a panel to discuss Do Hashtags Generate Business? Using Social Media and the Internet to Grow Your Practice (and Maybe Even Go Viral), at the upcoming 34th Annual Midwestern Bankruptcy Institute & Professional Development Workshop to be held at the Westin Kansas City at Crown Center on […]

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10-16-2014 to 10-17-2014: 34th Annual Midwestern Bankruptcy Workshop

September 9, 2014

Weil partner, Garrett Fail, will participate on a panel to discuss Training the Senior Partner, at the upcoming 34th Annual Midwestern Bankruptcy Institute & Professional Development Workshop to be held at the Westin Kansas City at Crown Center on October 16th and 17th. For additional information and to register for the workshop, please visit: http://www.abiworld.org/MW14/schedule.html […]

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12-4-2014 and 12-5-2014: 29th Annual Advanced Bankruptcy Seminar

September 9, 2014

Weil partner, Debra A. Dandeneau, will participate on a panel to discuss the topic Can We (Should We) Apply Chapter 11 Concepts to Chapter 9? at the 29th Annual Advanced Bankruptcy Seminar, being held at the Oklahoma Bar Center, 1901 N. Lincoln Blvd, in Oklahoma City, on December 4th and 5th. For additional information. and […]

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Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part I

September 9, 2014

On August 26, 2014, Judge Drain, of the Bankruptcy Court for the Southern District of New York, concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders. This four-part […]

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Publish or Perish: How Much Publication Notice Is Enough to Provide Notice to Unknown Creditors?

September 8, 2014

To paraphrase Samuel Johnson, publication notice is, quite often, the debtor’s “last refuge.” Yet it is frequently a necessary feature of the notices provided in bankruptcy cases. Debtors rarely possess an accurate method for notifying the many unidentifiable potential claimants. And so enters publication notice. Pursuant to well-settled law, publication notice – if sufficient – […]

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