By Anaïs Alle (Harvard Law School, L.L.M. 2022) Reorganization proceedings, in contrast to liquidation sales, constitute a …
Changes and Convergence of Bankruptcy Law: Recent Experience in Brazil
By Joao Guilherme Thiesi da Silva (Cleary Gottlieb Steen & Hamilton LLP) Bankruptcy regimes across the globe have been …
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The Cannabis Conundrum: Can Cannabis Companies File Chapter 15?
By Colin Davidson and Catherine Jun (Sheppard, Mullin, Richter & Hampton LLP) Cannabis is now legal in 19 states and …
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A Russian Sovereign Debt Default? No Longer Improbable
By Dennis Hranitzky, Richard East, Liesl Fichardt, Epaminontas Triantafilou, Yasseen Gailani, and Rupert Goodway (Quinn Emmanuel …
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The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
Creditor Rights, Corporate Leverage and Investments, and the Firm Type
By Aras Canipek (University of Konstanz), Axel H. Kind (University of Konstanz), and Sabine Wende (University of Cologne - Faculty …
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Viability Assessment in Corporate Debt Restructuring: Optimizing the Filtration Effect of the European Directive on Restructuring and Insolvency
By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees
By Daniel J. Bussel (Professor of Law, UCLA School of Law) Neither the “American Rule” (each party pays its own attorney) nor …
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Restructuring Sovereign Debt and Rebuilding a National Economy for a Failing State: The Case of Venezuela
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Venezuela is facing a veritable perform storm: a …
Restructurings in Emerging Economies One Year into the COVID-19 Pandemic
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) A new article entitled “The COVID-19 Pandemic …
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Reviewing Redwater: An Analysis of the U.S. and Canadian Approaches to Environmental Obligations in Bankruptcy
By Laura N. Coordes (Associate Professor of Law, Arizona State University - Sandra Day O'Connor College of Law) The United …
Reorganization of Corporate Groups in Brazil: Substantive Consolidation and the Limited Liability Tale
By Sheila C. Neder Cerezetti (Professor of Law, University of São Paulo Law School) As argued by prominent Brazilian scholars, …
Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
By Anthony J. Casey (Professor, The University of Chicago Law School) and Joshua Macey (Assistant Professor, The University of …
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An Assessment of the UK Restructuring Moratorium
By Jennifer Payne (Linklaters Professor of Corporate Finance Law, University of Oxford) In a recent paper I analyze the …
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Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
By Corinne Ball, George Cahill, Kay Morley, Jay Tambe, Bruce Bennett, & Heather Lennox (Jones Day) A recent spate …
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Singapore Schemes of Arrangement: Empirical and Comparative Analysis
By Wai Yee Wan (City University of Hong Kong), Casey Watters (Bond University), and Gerard McCormack (University of …
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Towards an Optimal Model of Directors’ Duties in the Zone of Insolvency: An Economic and Comparative Approach
By Aurelio Gurrea-Martínez (Singapore Management University) When a company becomes factually insolvent but it is not yet …
Puerto Rico; Act III
By Stephen J. Lubben (Seton Hall University School of Law) Since 2017, the Commonwealth of Puerto Rico (and certain of its …
Germany Poised for Big Step Towards Corporate Restructuring Best Practice
By Sacha Luerken (Kirkland & Ellis) Germany’s insolvency law has only in very few cases - around 1% of filings - been used …
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Argentina’s Quest for the Moral High Ground in the Recent Restructuring with Its Foreign Bondholders
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Argentina’s new government under …