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…
English High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim By Andrew Cooke and Richard Mendoza (Herbert Smith Freehills) In a recent case, the High Court has had one of its first…
Overview of the Evolving Jurisprudence under the Indian Insolvency and Bankruptcy Code, 2016 By Nilang Desai, Urmika Tripathi, Kushagra Pandey, Aditya Bhadra Ray, Rashi Priya (AZB & Partners) Background The judiciary has played a vital role…
English Court of Appeal Overturns Adler Restructuring Plan By Tom Smith, Adam Al-Attar, Daniel Bayfield, Ryan Perkins, and Annabelle Wang (South Square)  Re AGPS Bondco Plc (“Adler”) The Court of Appeal (Nugee, Snowden LJJ and Sir Nicholas…
Navigating Post-Brexit: The Impact and Opportunities of the EU Proposed Insolvency Directive on Scottish Law By Charles Ho Wang Mak (Robert Gordon University) Introduction Insolvency law is a cornerstone in maintaining economic stability and…
Argentina’s out-of-court restructuring proceedings (APE) after 20 years By Tomás M Araya (BOMCHIL) The legal framework In Argentina, companies in distress seeking to restructure their financial obligations have the option to pursue:  an…
The EU Adaption of Important Chapter 11 Provisions By Ken Baird, Katharina Crinson, Guilhem Bremond, Michael Broeders, Charlotte Ausema, Jan-Philip Wilde, Ana López, Silvia Angós, Mark Liscio and Samantha Braunstein (Freshfields Bruckhaus Deringer…
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…