Foreign and comparative lawChapter 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…
Foreign and comparative lawCross-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…
Foreign and comparative lawThe 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…
Singapore insolvency and restructuring lawSingapore court grants sanction of scheme of arrangement between a crypto company and its users
By Sheila Ng, Benedict Tedjopranoto and Naomi Lim (Rajah & Tann Singapore LLP)
Introduction
Section 210 of the Companies Act 1967 ("Companies…
Cross-border insolvencyTowards a New Approach for the Choice of Insolvency ForumBy Anthony J. Casey (University of Chicago Law School), Aurelio Gurrea-Martinez (Singapore Management University Yong Pung How School of Law) and Robert K. Rasmussen (USC Gould School of Law…
Singapore insolvency and restructuring lawCross-class cramdown of secured creditors – Singapore’s implementation of a US Chapter 11 tool
By Muhammed Ismail Noordin and Eden Li (WongPartnership LLP)
With the introduction of cross-class cramdown provisions into Singapore’s Insolvency,…
Economic and financial issues in insolvencyStandardizing and Unbundling the Sub Rosa DIP Loan
By Kenneth Ayotte and Alex Zhicheng Huang (UC Berkeley School of Law)
In many recent Chapter 11 cases, debtor-in-possession (DIP) loans determine reorganization plan payoffs at the outset of the…
Insolvency and technologyCrypto-custodians insolvency proceedings: Clarifying the proprietary nature of crypto-assets
By Paúl Noboa-Velasco (San Francisco de Quito University)
Introduction
The treatment of crypto-assets during the insolvency proceedings of crypto-assets…
Singapore insolvency and restructuring lawCross-Border Restructuring and Insolvency in the SICC
By Manoj Pillay Sandrasegara, Mark Choy, Clayton Chong and Adnaan Noor (WongPartnership LLP)
Singapore has invested significant efforts in positioning itself as a regional restructuring hub in…
Foreign and comparative lawSafe 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…