Cross-border insolvency, Foreign and comparative lawWhat 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…
Foreign and comparative lawLiability 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…
Economic and financial issues in insolvencyLoan-to-Own 2.0
By Robert Miller (University of South Dakota)
The rise of convertible debtor-in-possession (“DIP”) financing is symptomatic of a paradigm shift in the control of large bankruptcy cases. During the prior era of lender control,…
Foreign and comparative lawSeparate 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…
Foreign and comparative lawPolicy and Regulatory Advances in Informal Workout and MSE ProcessesBy Scott Atkins and Kai Luck (Norton Rose Fulbright)SynopsisIn August 2021, the authors published an article outlining the key features of the World Bank’s revised edition of its…
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…
