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 …
Continue Reading about Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
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 …
Continue Reading about An Assessment of the UK Restructuring Moratorium
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 …
Continue Reading about Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
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 …
Continue Reading about Singapore Schemes of Arrangement: Empirical and Comparative Analysis
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 …
Continue Reading about Germany Poised for Big Step Towards Corporate Restructuring Best Practice
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 …
Independence and Impartiality of Resolution Professionals Under Indian Law: Filling the Gaps or Creating Law?
By Sanjay Kumar Yadav, Syamantak Sen, and Vivek Badkur (National Law Institute University, Bhopal, India) Under Indian …
Insolvency of Significant Non-Financial Enterprises: What Can We Learn from Bank Failures and Bank Resolution?
By Ilya Kokorin, Leiden Law School (The Netherlands) The current economic downturn triggered by the spread of COVID-19 …
Insolvency Law in Emerging Markets
By Aurelio Gurrea-Martínez (Singapore Management University) Corporate insolvency law can serve as a powerful mechanism to …
Challenges of Emerging Market Restructurings in the Age of COVID-19
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) As part of the overall global economic slowdown …
Continue Reading about Challenges of Emerging Market Restructurings in the Age of COVID-19
Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
By Tomas Richter (Clifford Chance) and Adrian Thery (Garrigues) Under EU Directive 2019/1023 promulgated in June 2019, the 27 …
Continue Reading about Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
Rethinking Priority: The Dawn of the Relative Priority Rule and a New ‘Best Interest of Creditors’ Test in the European Union
By Axel Krohn (Martin-Luther-University Halle-Wittenberg, Germany) The European Directive on restructuring and insolvency …
INSOL Europe/LexisNexis coronavirus (COVID-19) Tracker of Insolvency Reforms—China
By Xiahong Chen (China University of Political Science and Law) The modification of Enterprise Bankruptcy Law of the People’s …
Amending insolvency legislation in response to the COVID-19 crisis
By Gert-Jan Boon, Leiden University (The Netherlands) The COVID-19 (corona) virus has reached pandemic status. It currently …
Continue Reading about Amending insolvency legislation in response to the COVID-19 crisis
Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light
By Samir D. Parikh (Lewis & Clark Law School) For the last decade, the European Union has been reconceptualizing its …
Pre-packaged Insolvency in India: Lessons from USA and UK
By Himani Singh (New York University School of Law) Corporate rescue is used as a pre-cursor to bankruptcy filing to provide …
Continue Reading about Pre-packaged Insolvency in India: Lessons from USA and UK