By Professor Dhruv Aggarwal (Northwestern Pritzker School of Law) Editor’s Note: We will post an argument summary for the …
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Balancing Debtor and Creditors’ Interests in Bankruptcy Reorganization Proceedings: Best Practices for the Procedural Design of Claims’ Classification
By Anaïs Alle (Harvard Law School, L.L.M. 2022) Reorganization proceedings, in contrast to liquidation sales, constitute a …
Viability Assessment in Corporate Debt Restructuring: Optimizing the Filtration Effect of the European Directive on Restructuring and Insolvency
By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees
By Daniel J. Bussel (Professor of Law, UCLA School of Law) Neither the “American Rule” (each party pays its own attorney) nor …
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Reviewing Redwater: An Analysis of the U.S. and Canadian Approaches to Environmental Obligations in Bankruptcy
By Laura N. Coordes (Associate Professor of Law, Arizona State University - Sandra Day O'Connor College of Law) The United …
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 …
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 Law in Emerging Markets
By Aurelio Gurrea-Martínez (Singapore Management University) Corporate insolvency law can serve as a powerful mechanism to …
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 …
The Evolution of European Insolvency Law Part 3: The EU Parliament’s Report on the Amendment of the European Insolvency Regulation (EIR)
By Robert Arts and Dr. Björn Laukemann (Maîtr. en droit) After the external evaluation of European Insolvency Law (Part 1) and …
Emerging Economies and Cross-Border Insolvency Regimes: Missing BRICs in the International Insolvency Architecture
By Steven T. Kargman, President, Kargman Associates Many of the world’s major advanced economies are subject to some form of …
Revisiting the Voting Prohibition in Bond Workouts
Author: Carlos Berdejó, Loyola Law School, Los Angeles Economic theory suggests that corporate law should enable parties to …
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The Evolution of European Insolvency Law Part 2: The EU Commission’s Proposal for the Amendment of the European Insolvency Regulation
Author: Dr. Björn Laukemann, Maître en droit (Aix-en-Provence), Senior Research Fellow at the Max Plack Institute Luxembourg for …
The Evolution of European Insolvency Law: Part 1: The Heidelberg/Luxembourg/Vienna Report
Authors: Prof. Burkhard Hess (Luxembourg/Heidelberg), Univ.-Prof. Paul Oberhammer (Vienna/London/St. Gallen) and Prof. Thomas …