By Justin Winerman, James Mazza, Van Durrer, Ron Meisler, and Shana Elberg (Skadden, Arps, Slate, Meagher & Flom LLP) In …
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Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …
[Crypto-Bankruptcy Series] The Treatment of Cryptocurrency Assets in Bankruptcy
By Steven O. Weise, Wai L. Choy, and Vincent Indelicato (Proskauer Rose LLP) Note: This post is the fifth post in a series …
The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
S.D.N.Y. Judge Holds Bankruptcy Code Prohibits Board-Appointed Officers from Receiving Payments Under a KERP
By Sarah M. Bartlett (Harvard Law School) On July 9, 2021, Southern District of New York Judge J. Paul Oetken held that §503(c) …
The Evolution of Corporate Rescue in Canada and the United States
By Jassmine Girgis (University of Calgary, Faculty of Law) This chapter explores the evolution of corporate rescue in both …
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Restructuring Sovereign Debt and Rebuilding a National Economy for a Failing State: The Case of Venezuela
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Venezuela is facing a veritable perform storm: a …
Restructurings in Emerging Economies One Year into the COVID-19 Pandemic
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) A new article entitled “The COVID-19 Pandemic …
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The Development of Collateral Stripping by Distressed Borrowers
By Mitchell Mengden (Law Clerk, Delaware Court of Chancery) In the past decade, private equity sponsors have taken a more …
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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 …
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 …
Inequitable Subordination: Distressing Distressed Claims Purchasers by Propagating Subordination Benefit Elimination Theory
By Jay Rao (University of California, Berkeley, School of Law) This Article examines the application of equitable subordination …
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 …
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 …
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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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 …
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 …
Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …