Foreign and comparative lawFinal 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…
Cross-border insolvency, Singapore insolvency and restructuring lawSingapore International Commercial Court recognises Garuda’s Indonesian restructuring in landmark decision
By Nandakumar Ponniya, Emmanuel Chua, Darrell Lee, and Yong Li Yap (Baker McKenzie Wong & Leow)
On 18 January 2024, the Singapore…
Foreign and comparative lawWhen 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…
Foreign and comparative lawEnglish 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…
Economic and financial issues in insolvency, Foreign and comparative lawCreditors 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…
Economic and financial issues in insolvencyNon-Financial Liabilities and Effective Corporate Restructuring
By Bo Becker (Stockholm School of Economics) and Jens Josephson (Stockholm Business School)
The system for managing corporate insolvency varies in fundamental ways between countries,…
Foreign and comparative lawThe 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…
Cross-border insolvencyChinese property developer Sunac receives Chapter 15 recognition
By Julie Goodrich Harrison (Norton Rose Fulbright)
In what is believed to be a first—a United States Bankruptcy Court in November 2023 recognized, as a “foreign main proceeding”, the…
Foreign and comparative lawTrends 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…
Economic and financial issues in insolvency, Foreign and comparative lawFinancial 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…
