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 …
Continue Reading about Establishing Corporate Insolvency: The Balance Sheet Insolvency Test
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 …
Continue Reading about Restructuring Italy’s New York Law Bonds
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 …
Continue Reading about The Dark Side of Bank Resolution: Counterparty Risk through Bail-in
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 …
Continue Reading about Restructuring Venezuela’s Debt: An Update
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 …
Continue Reading about Crossing The Line In Cross-Border Insolvencies
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 …
Continue Reading about Debt Restructuring: When Do Loan and Bond Prepayments Pay Off?
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 …
Continue Reading about How Specialized Courts Changed the Chinese Bankruptcy System
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 …
Repo Markets Across the Atlantic: Similar but Unalike
By Songjiwen Wu (University of Heidelberg) and Hossein Nabilou (Universite du Luxembourg - Faculty of Law, Economics and …
Continue Reading about Repo Markets Across the Atlantic: Similar but Unalike
Bankruptcy Law as a Balancing System – Lessons from a Comparative Analysis of the Interaction Between Labor and Bankruptcy Laws
By Omer Kimhi (Haifa University Faculty of Law) and Arno Doebert (Independent) The rehabilitation of distressed corporations often …
Loan to Bond Substitution: An Empirical Analysis on the Functioning of the Substitution Channel for Eurozone Firms
By Francesco Ruggiero (University of Naples Federico II) This paper contributes to the literature by enhancing the understanding …
The Impact of Brexit on Debt Restructuring and Insolvency Practice
By Manuel Penades and Michael Schillig (King's College London – The Dickson Poon School of Law). With its flexible restructuring …
Continue Reading about The Impact of Brexit on Debt Restructuring and Insolvency Practice
How to Restructure Venezuelan Debt
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). There is a …
Deterring Holdout Creditors in a Restructuring of PDVSA Bonds and Promissory Notes
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). Probably the …
Venezuela’s Restructuring: A Realistic Framework
By Mark A. Walker (Millstein & Co.) and Richard J. Cooper (Cleary Gottlieb Steen & Hamilton, LLP). Venezuela is …
Continue Reading about Venezuela’s Restructuring: A Realistic Framework
Sovereign Debt Restructuring and English Governing Law
By Steven L. Schwarcz (Duke University School of Law) This Roundtable post is based on the author’s forthcoming article, Sovereign …
Continue Reading about Sovereign Debt Restructuring and English Governing Law