Malaysia’s Companies Amendment Act 2024 Strengthens its Restructuring and Corporate Rescue Landscape
Malaysia’s Companies Amendment Act 2024 Strengthens its Restructuring and Corporate Rescue Landscape
By Lee Shih (Lim Chee Wee Partnership)
The Companies (Amendment) Act 2024 (“Amendment Act”), save for a few sections, came into force on 1 April…
The Beauty of Belk’s Sixteen-Hour Bankruptcy Case
By Robert K Rasmussen (University of Southern California) and Roye Zur (Elkins Kalt Weintraub Reuben Gartside)
In recent years, Chapter 11 of the Bankruptcy Code has prompted critics to claim that…
Final ruling of the Dutch Supreme Court on the pre-pack of Heiploeg
By Omar Salah and Alexander Govers (Norton Rose Fulbright)
Introduction
On 6 October 2023, the Dutch Supreme Court granted its final ruling on the pre-pack in the Heiploeg-case…
When informal workouts don’t work out: English High Court rules bank that lent support to restructuring did not dishonestly assist in putting assets beyond creditors’ reach
By Gareth Thomas, Jojo Fan, Peter Ng, and Grace Lee (Herbert Smith…
English High Court confirms validity of Galapagos SA out of court restructuring
By Gemma Long and Helen Coverdale (Norton Rose Fulbright)
Overview
The long running saga in relation to the 2019 Galapagos SA out of court restructuring appears…
Creditors Strike Back: The Return of the Cooperation Agreement
By Samir Parikh (Lewis & Clark Law School)
In the low interest rate environment that followed the Great Recession, a fanatical demand for high-yield investments provided private…
The Rise of Pre-Packs as a Restructuring Tool: Theory, Evidence and Policy
By Aurelio Gurrea-Martinez (Singapore Management University)
The use of pre-packs as a restructuring tool has been traditionally popular in countries like the United…
Trends and Developments in the German Restructuring Market
By Cristina Weidner, Johannes Lappe, Ann-Kathrin Ziegler, and Michael Berger (Kirkland & Ellis)
The Current Macro Picture and the German Distressed Market
The current macro…
Financial Disequilibrium
By Samir Parikh (Lewis & Clark Law School)
Corporate bankruptcy cases have recently undergone a shift. After decades where creditors exercised outsized control, equity sponsors have now ascended the throne. This…
Restructuring Moratoriums Through an Information-Processing Lens
By Sarah Paterson (LSE Law School)
In my article, ‘Restructuring Moratoriums Through an Information-processing Lens’, I argue that when moratoriums (or ‘stays’ as they are known in…