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
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 …
Continue Reading about Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts
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 …