Recognising Foreign Proceedings under Singapore’s Restructuring and Insolvency Regime: Court of Appeal Clarifies Whether Company Must be Insolvent By Sim Kwan Kiat, Sheila Ng and Walter Yeo (Rajah & Tann Singapore LLP) Introduction…
English High Court sanctions German real estate group’s “wind-down” restructuring plan By Charles Balmain, Ben Davies, Christian Pilkington, John Rogerson, Cecily Higham, and Robbie Powell (White & Case LLP) The English High Court has…
The international restructuring of Steinhoff under the Dutch WHOA By Omar Salah and Jan de Wit (Norton Rose Fulbright) Introduction On 21 June 2023, the District Court of Amsterdam (the WHOA Court) granted its judgment in one of the largest…
Netherlands Commercial Court holds that digital data cannot be subject to ownership - What does this mean for insolvency practitioners? By Jung Sangbum (INSOL Asia Hub) Introduction An insolvency practitioners’ role includes, inter alia,…
Mediation as a bankruptcy and insolvency game changer By Scott Atkins and Kai Luck (Norton Rose Fulbright) Introduction While once spoken of as a "future trend", mediation is now actively being used as a key bankruptcy and insolvency tool. In…
No Double Dipping – Avianca Bankruptcy Court Demands that Foreign Creditors Drop Foreign Enforcement Proceedings at Risk of Having Bankruptcy Claims Disallowed By Matthew Wargin and Jade Edwards (Mayer Brown LLP) In a January 2023 opinion,[1…
English Court Approves First UK Restructuring Plan in Parallel to a European “Preventive Restructuring” Process By Thomas Jemmett, Kate Stephenson, Mallika Abidi, Ken Au and Georgina Vale (Kirkland & Ellis International LLP) At a Glance The…
What is an Insolvency Proceeding? By Riz Mokal (South Square and Aberdeen University School of Law) To the question in the title, one may be forgiven the innocent response ‘Who cares?’. In fact, the question matters for all the reasons that legal…
Liability management transactions: providing new capital and laying the groundwork to cramdown of those left behind By James A. Copeland and Maria Mokrzycka (Norton Rose Fulbright) Introduction Liability management is having a moment. Once a…
Loan-to-Own 2.0 By Robert Miller (University of South Dakota) The rise of convertible debtor-in-possession (“DIP”) financing is symptomatic of a paradigm shift in the control of large bankruptcy cases. During the prior era of lender control,…