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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Financially Distressed Companies, Restructuring and Creditors’ Interests: What is a Director to Do?
By Andrew Keay (University of Leeds) Out of court restructuring is a popular and, according to many, optimal way of resolving the …
A New PDVSA? The Transfer of Venezuela’s Oil Assets to a Successor Entity and Fraudulent Conveyance
By Richard Levin (Jenner & Block LLP) and Roland Pettersson (LEC Abogados). This Working Paper analysis the hypothetical …
Restructuring Venezuela’s Debt: An Update
By Mark Walker (Guggenheim Securities) Lee Buchheit and Mitu Gulati have proposed an innovative and aggressive strategy to …
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Crossing The Line In Cross-Border Insolvencies
By Jonathan C. Gordon (Jones Day). Consider an insolvency proceeding outside the United States. To obtain ancillary relief in the …
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Debt Restructuring: When Do Loan and Bond Prepayments Pay Off?
By Edwin Fischer and Ines Wöckl (University of Graz) Many debtholders, whether private households, companies, or states, are …
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Transplanting Chapter 11 of the US Bankruptcy Code into Singapore’s Restructuring and Insolvency Laws: Opportunities and Challenges
By Gerard McCormack (University of Leeds) and Wai Yee Wan (Singapore Management University - School of Law) In 2017, Singapore …
How Specialized Courts Changed the Chinese Bankruptcy System
By Bo Li (Tsinghua University - PBC School of Finance) and Jacopo Ponticelli (Kellogg School of Management - Department of …
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Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives
By Cheng-Han Tan, Jiangyu Wang, Christian Hofmann (National University of Singapore Law School) Corporate personality is not …