Creditors 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…
Non-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,…
The 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…
Chinese 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…
Trends 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…
Financial 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…
Restructuring Moratoriums Through an Information-Processing Lens
By Sarah Paterson (LSE Law School)
In my article, ‘Restructuring Moratoriums Through an Information-processing Lens’, I argue that when moratoriums (or ‘stays’ as they are known in…
English High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
By Andrew Cooke and Richard Mendoza (Herbert Smith Freehills)
In a recent case, the High Court has had one of its first…
A Commitment Rule for Insolvency Forum
By Anthony Casey (University of Chicago Law School), Aurelio Gurrea-Martinez (Singapore Management University), and Robert Rasmussen (USC Gould School of Law)
The Model Law on Cross-Border…
Singapore Court of Appeal lifts automatic stay in recognition application under Singapore’s UNCITRAL Model Law on Cross-Border Insolvency
By Samuel Loh and Stanley Tan (BlackOak LLC)
Introduction
In Ascentra Holdings, Inc (in official liquidation…