Wrong Place, Wrong Time: Beware the Statute of Limitations!

February 17, 2015

“And it’s too late, baby now, it’s too late, Though we really did try to make it.” – Carole King, It’s Too Late Today’s blog is about a recent non-precedential decision from the Third Circuit, In re Winstar Communications, Inc. The decision is short and simple, and it stands as an important reminder of two […]

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Even Exes Can Tell the Truth Sometimes: A Valentine’s Day Reminder from the Weil Bankruptcy Blog

February 13, 2015

It may only be Galentine’s Day as we post this, but given that V-Day is imminent, The Bachelor is in full-swing, and Fifty Shades of Gray just came out on the big screen, we decided to find some reasonable nexus between bankruptcy, romance, and love. In this year’s edition, we learn that all bets are […]

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ABI Chapter 11 Reform Commission Series: Labor and Benefits

February 12, 2015

In this installment of the Weil Bankruptcy Blog’s series on the ABI Commission Report, we consider the Commission’s recommendations on collective bargaining agreements under section 1113 and retiree benefits under section 1114 of the Bankruptcy Code. Section 1113: The Commission’s Considerations Section 1113 of the Bankruptcy Code requires that, before filing an application seeking rejection […]

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Supreme Court to Consider Eleventh Circuit Decisions Upholding “Strip Off” of Junior Mortgage Liens

February 11, 2015
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Bank of America, N.A. v. Caulkett and Bank of America, N.A. v. Toledo-Cardona are consolidated cases currently before the United States Supreme Court.  In both Caulkett and Toledo-Cardona, the Supreme Court is being asked to reverse decisions of the United States Court of Appeals for the Eleventh Circuit, which affirmed decisions of the lower courts allowing […]

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How To Get a Mediator Appointed in a Bankruptcy Case (Hint: In Some Courts, It’s Easier If She Wasn’t a Bankruptcy Judge)

February 10, 2015

“[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 contentious, ones), mediation can serve a useful purpose. It can streamline the issues, bring parties to agreement, and ease the […]

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Court Interprets Receivership Order Stay Provisions and Addresses the Impact of Inter-Creditor Disputes on the Distribution of Proceeds into Court

February 9, 2015

NORTH OF THE BORDER UPDATE This article has been contributed to the blog by Joshua Hurwitz, an Associate of the Insolvency & Restructuring group at Osler, Hoskin & Harcourt and Jaime Auron, an Articling Student at Osler, Hoskin & Harcourt LLP. In 8527504 Canada Inc. v. Liquibrands Inc. (2014), 2014 CarswellOnt 17188, 2014 ONSC 7015 (Ont. […]

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Investors Prepare to Pounce on Possible Uptick in Restructurings

February 6, 2015

The mergers and acquisitions surge witnessed at the end of 2013 continued through 2014 and drove overall global mergers and acquisitions activity to 2007 pre-recession levels. By many accounts it was a banner year for mergers and acquisitions. The virtually continuous deal flow was a driving force in creating a very robust volume of loan […]

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