For Richer or for Poorer… Department of Justice Agrees to Recognize Same-Sex...
(The Department of Justice has recently announced that it will not challenge the validity of joint bankruptcy petitions filed by same-sex couples who are married under state law. Although we do not...
View ArticleHonoring Our Veterans (Without Any Discharge Jokes)
Today, on Veterans’ Day, we at the Weil Bankruptcy Blog would like to take a moment to thank the veterans and current members of our armed forces for their service and their dedication to protecting...
View ArticleTaking Title: the Legal Logic Behind Municipal Proposals to Use Eminent...
The Great Workout begun in 2008 grinds on, and resolution of large numbers of underwater mortgages continues to be controversial. Deleterious effects of underwater mortgages and mass-foreclosure on...
View ArticleBitter Medicine: Debt Overhang Remedy During the Great Depression Turns Out...
During the Great Depression, much like in our own times, policy makers struggled with the problem of how to relieve businesses and individuals from the ongoing burden of excessive debt without...
View ArticleStare Indecisis – Supreme Court Upholds Depression-Era Law Limiting Ability...
Last Thursday, we wrote about Louisville Joint Sock Land Bank v. Radford, a case where the Supreme Court voided the Frazier Lemke act, a depression-era bankruptcy law that allowed certain agricultural...
View ArticleWisconsin Bankruptcy Court Says “I Do” to Same-Sex Spouses’ Bankruptcy Petition
(Although it is not typically our practice to analyze personal bankruptcy cases if the issues do not also arise in corporate bankruptcy practice, we report on the decision discussed below because it...
View Article“Thank You, SCOTUS; It’s About Time!”: Supreme Court Grants Cert to Decide...
We at the Stern Files recently expressed our disappointment with the lack of more meaningful guidance in Executive Benefits Insurance Agency v. Arkison regarding the nature and extent of bankruptcy...
View ArticleForced Sales, Unconstitutional Takings, and BAPCPA Oh My…
“There’s no place like home…” -Dorothy Gale If a homestead interest in a residence is a separate vested property interest in and of itself, does a forced sale of that home without compensation beyond...
View ArticleSome Rosh Hashanah Reflections on the Talmud, Wellness, and the High Court
“Who by water and who by fire, who by sword and who by beast, who by famine and who by thirst, who by [bankruptcy courts deciding matters that are outside their constitutional authority]” – Rosh...
View ArticleYom Kippur, Kim Davis, the Automatic Stay, and Religious Adjudication of...
By the authority of the Heavenly Court, and by the authority of the earthly court, we hold it permissible to pray with those who have transgressed… — Kol Nidrei (Preamble) Kim Davis is the Rowan County...
View ArticleBankruptcy Court Holds That Same-Sex Couples in Registered Domestic...
Contributed by Abigail Lerner (Although it is not typically our practice to analyze personal bankruptcy cases if the issues do not also arise in corporate bankruptcy practice, we report on the decision...
View ArticleJustice Scalia, Remembered
On Saturday, February 13, Antonin Scalia, Associate Justice of the United States Supreme Court, passed away. Although there has been no shortage of media coverage (and brouhaha regarding Justice...
View ArticleSpeak Now and Forever Hold Your Release: Gawker Breaks News One Last Time
The chapter 11 cases of Gawker Media, LLC and its debtor affiliates have given the bankruptcy vultures everything they could ever hope for in one docket– celebrity, scandal, a cameo by the First...
View ArticleMichael J. Aiello and Ronit Berkovich Named Northeast Trailblazers by The...
Corporate Chairman Michael J. Aiello and Ronit Berkovich, partner in Weil’s Restructuring Department, have been recognized as “Northeast Trailblazers” by The American Lawyer. Both were profiled in a...
View ArticleSupreme Court Resolves Split on U.S. Trustee Fees
Introduction The Supreme Court unanimously held in Siegel v. Fitzgerald that a 2017 statutory amendment that increased U.S. Trustee fees violated the uniformity requirement of the Constitution’s...
View ArticleA Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply...
A foreign (non-U.S.) company can be dragged unwillingly into a U.S. bankruptcy case if the bankruptcy court has “personal jurisdiction” over the company. The chapter 11 case of In re Arcapita Bank...
View ArticleThe Supposed Hierarchy of “Efforts” Clauses
Despite Yoda’s famous pronouncement in the original Star Wars movie that there was “no try,” only “do, or do not,” it is common in acquisition agreements for one or both parties to undertake to “try”...
View ArticleRecent Developments at the Intersection of Bankruptcy and Environmental Law
Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that “issues as to the interplay between environmental law and bankruptcy are among the thorniest on the litigation map.”1 Difficulties...
View ArticleWinter in June: Distress in the Crypto Industry and Potential Regulatory...
A recent downturn in the price of cryptocurrencies has rippled through the crypto industry, resulting in a number of major insolvencies that are sure to raise novel issues of law. This piece explores...
View ArticleA Tale of Fraud and Overzealousness: How the Judicial Shrinkage of “Initial...
What happens when a shady businessman transfers $1 million from one floundering car dealership to another via the bank account of an innocent immigrant? Will the first dealership’s future chapter 7...
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