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…
Separate classification of related-party creditors – Commentary on Malaysian Federal Court Judgment
By Jung Sangbum (INSOL Asia Hub)
Introduction
In MDSA Resources Sdn Bhd v Adrian Sia Koon Leng [2023] 5 MLRA 358, the Malaysian Federal Court had…
Policy and Regulatory Advances in Informal Workout and MSE Processes
By Scott Atkins and Kai Luck (Norton Rose Fulbright)
Synopsis
In August 2021, the authors published an article outlining the key features of the World Bank’s revised edition of…
Chapter 11’s Inclusivity Problem
By Sarah Paterson (LSE Law School) and Adrian Walters (Chicago-Kent College of Law)
The core claim in our new paper is that Chapter 11 is not well adapted to selective restructuring. We characterise this as Chapter…
Cross-Border Trusts in Flux: Understanding the Implications of the EU's Proposed Insolvency Directive for Trustees
By Charles Ho Wang Mak (Robert Gordon University)
Insolvency law has emerged as a complex yet vital domain in a world…
The Creditor Duty post Sequana: Lessons for Legislative Reform
By John Quinn (Dublin City University) and Philip Gavin (Technological University Dublin)
Throughout its common law development, the duty of directors to consider the interests of…
Safe Harbour Insolvency Reform – Has the Time Come for South Africa?
By Christopher Rey (BDO South Africa)
Safe Harbour insolvency reforms should provide directors relief from insolvent trading provisions
As an avid South African rugby union…
How the Balance of Power Is Changing in the Resolution of Corporate Financial Distress
By Vincent Buccola (University of Pennsylvania, Wharton School)
Among those who study corporate financial distress and reorganization, the notion that senior…
Pre-pack sales add to the German restructuring toolbox
By Lorenz Scholtis (Norton Rose Fulbright) and Tanushree Ajmera (Norton Rose Fulbright)
A pre-pack procedure provides for the negotiation of the sale of a financially distressed entity, as a…