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 …
Venezuela’s Restructuring: A Realistic Framework
By Mark A. Walker (Millstein & Co.) and Richard J. Cooper (Cleary Gottlieb Steen & Hamilton, LLP). Venezuela is …
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