Foreign and comparative lawHow 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…
Foreign and comparative lawPre-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…
Cross-border insolvencyEnhancing Efficiency and Rescue Outcomes in Cross-Border Insolvency Matters: The Role of Multilateral Cooperation Protocols and Judicial DiplomacyBy Scott Atkins (Norton Rose Fulbright & INSOL International) SynopsisLast year, we celebrated…
Foreign and comparative lawGo First Insolvency Conundrum: A Set up for Failure?
By Aparna Ravi (Samvad Partners Advocates) and Neeti Shikha (University of Bradford)
Introduction
The judiciary has often been seen as the weak link in any analysis of the successes and…
Singapore insolvency and restructuring lawAn alternative paradigm for Singapore jurisdiction in cross-border insolvency?
By Dawn Tan Ly-Ru and Tristan Teo (Ashurst ADTLaw LLC)
Singapore aims to become a hub for international corporate and debt restructuring. The foundations for…
Singapore insolvency and restructuring lawThe Singapore Court of Appeal considers the UNCITRAL Model Law
By Alexander McMyn, Charles McConnell and Joann Ho (White & Case)
Summary
The automatic stay under the version of the UNCITRAL Model Law on Cross-Border Insolvency adopted…
Insolvency and technologyCrypto-Bankruptcy Claims: When the Going Gets Tough, the Tough Get Trading
By Divyansh Dev (Borden Ladner Gervais LLP)
The domino-like collapse of crypto-traders is catalyzing the commodification of bankruptcy claims. For example,…
Foreign and comparative lawThe Evolution of Debtor-in-Possession Financing in the United States: Lessons from Professor Ayotte’s SGRI Lecture
By Aurelio Gurrea-Martínez (Singapore Management University)
In the past couple of weeks, we have had the immense honor to…
Foreign and comparative lawThe Third Circuit’s New One-Step: Good Faith as Purpose in LTL
By Jonathan C. Lipson (Temple University Beasley School of Law)
The Third Circuit’s recent opinion in LTL—the so-called “Texas Two-Step” case—might surprise some bankruptcy watchers.…
Foreign and comparative lawThe Limits to a Moratorium: Interplay Between the Indian Insolvency and Bankruptcy Code and Defensive Proceedings
By Abhijnan Jha and Chetan Chawla (AZB & Partners)
Section 14 of the Indian Insolvency and Bankruptcy Code, 2016 (‘IBC’) imposes…