The Evolution of Debtor-in-Possession Financing in the United States: Lessons from Professor Ayotte’s SGRI Lecture
By Aurelio Gurrea-Martínez (Singapore Management University)
In the past couple of weeks, we have had the immense honor to…
The Third Circuit’s New One-Step: Good Faith as Purpose in LTL
By Jonathan C. Lipson (Temple University Beasley School of Law)
The Third Circuit’s recent opinion in LTL—the so-called “Texas Two-Step” case—might surprise some bankruptcy…
The Limits to a Moratorium: Interplay Between the Indian Insolvency and Bankruptcy Code and Defensive Proceedings
By Abhijnan Jha and Chetan Chawla (AZB & Partners)
Section 14 of the Indian Insolvency and Bankruptcy Code, 2016 (‘IBC’) imposes…
Guide on Restructuring, Turnaround and Insolvency in Asia Pacific
By Paul Apáthy, Alexander Aitken, Debby Sulaiman and Jamie McLaren (Herbert Smith Freehills)
Hebert Smith Freehills has recently launched the 2023 edition of their Guide to…
Can restructuring plans strip out third party guarantees?
By Helen Coverdale (Norton Rose Fulbright LLP)
The English High Court has considered whether the new restructuring plan under Part 26A of the Companies Act 2006 (CA 2006) can release…
Japan to introduce long-awaited majority voting rule for out-of-court workout
By Hiroshi Kasuya, Junya Suzuki and Masayoshi Kobayashi (Baker & McKenzie - Gaikokuho Joint Enterprise)
Introduction
In Japan, any out-of-court workout requires the…
Restructuring Officers and Schemes of Arrangement: A Modernisation of Cayman Islands Insolvency
By Julie Engwirda, Wenhao Han, Nick Hoffman, Andrew Johnstone, Paula Kay, Vicky Lord, Paul Madden, Ian Mann, William Peake, Chai Ridgers, Nicola Roberts…
The New Italian Insolvency Code
By Paolo Manganelli and Tommaso Paltrinieri (Ashurst LLP)
On 15 July 2022, the new Italian code for business crisis and insolvency (the "New Code"), which was adopted by Legislative Decree No. 14/2019, entered into…
The Cross-Class Cramdown – Global Perspectives
By Ajinderpal Singh and Debby Lim (Dentons Rodyk LLP)
Introduction
Since its inception by way of Chapter 11 of the United States Bankruptcy Code (“Chapter 11”) in 1978, cross-class…
Leash or noose: regulating the conduct of directors of an insolvent company
By Clayton Chong (WongPartnership LLP)
When one imagines the hypothetical director that insolvency law tries to regulate, three archetypes come to mind: the Founder, the…