By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) As part of the overall global economic slowdown …
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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 …
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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 …
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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 …
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The Italian Insolvency Law Reform
By Andrea Zorzi (University of Florence) On January 12, 2019, a new ‘Code of enterprise crisis and of insolvency’ was adopted …
China Continues to Issue New Rules Promoting Corporate Rescue Culture, Facilitation of Bankruptcy Proceedings
By Xiao Ma (Reorg | Harvard Law School) Coupled with continued efforts in financial deleveraging and industrial reorganization, …
Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts
By Sara L. Chenetz and Tina N. Moss (Perkins Coie) Reward Science and Technology Industry Group Co., Ltd. (“Reward”) joins a …
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Corporate Restructuring under Relative and Absolute Priority Default Rules: A Comparative Assessment
By Jonathan Seymour, Steven L. Schwarcz (Duke University School of Law) The European Union recently adopted a Restructuring …
Keeping Up with the Joneses: In Bold Cross-border Move, the DIFC Enacts New Insolvency Law
By Laura Smith (Norton Rose Fulbright) The Dubai International Financial Centre (the "DIFC"), one of the leading international …
Recent Developments in Cross-Border Insolvency and Recognition of Foreign Bankruptcy Proceedings in the US Bankruptcy Courts
By Mark G. Douglas and Dan T. Moss (Jones Day) On July 25, 2019, the Judicial Insolvency Network announced its adoption of …
A Functional Law and Economics Analysis of the Restructuring Directive from a French Law Perspective
Vasile Rotaru (Droit & Croissance / The Rules for Growth Institute) From a functional law and economics perspective, the …
Reprofiling Today for a Sustainable Tomorrow: A Unilateral Italian Debt Restructuring
By Emma Cervantes, Victoria Dodev, Shane Ellement, Isabelle Sawhney (Duke University, School of Law) Italy has €2.4 trillion of …
A Sovereign Debt Restructuring Framework for the Euro Area
By Sebastian Grund, Mikael Stenström (European Central Bank) Our new paper discusses the legal framework for sovereign debt …
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The Rise and Fall of Regulatory Competition in Corporate Insolvency Law in the European Union
By Horst Eidenmüller (University of Oxford; European Corporate Governance Institute - ECGI) In a recent paper, I discuss the rise …
Establishing Corporate Insolvency: The Balance Sheet Insolvency Test
By Dr. Kubi Udofia Cash flow and balance sheet insolvency tests are the two predominant means of determining insolvency. A …
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Restructuring Italy’s New York Law Bonds
By Andrea E. Kropp (Duke University School of Law) Little attention has been paid to Italy’s bonds issued under New York law in …
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The Dark Side of Bank Resolution: Counterparty Risk through Bail-in
By Wolf-Georg Ringe and Jatine Patel (University of Hamburg - Institute of Law & Economics, University of Oxford) Bail-in and …
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