A Comparative Analysis of Simplified Micro and Small Enterprise (MSE) Reorganisation Procedures: Early Learnings from Approaches on Three Continents”,

A comparative review of legislative restrictions on the enforcement of ipso facto clauses

A Primer on Generative AI and Valuation Considerations for Insolvency Professionals

Adequate Protection for Secured Creditors in the Context of the Proposed EC Directive on Preventive Restructuring

This paper focuses on certain aspects of the provisions in the EC Directive on Preventive Restructuring dealing with preventive restructuring frameworks

Aircraft repossession upon a default - a review of the issues in the United Kingdom, USA, India and Nigeria

An Analysis of the Use of ‘Stalking Horse’ Proceedings to Maximise Value in an Insolvency Workout

Animal Figures & Alphabet Soup: Understanding the Fat-tails of Asset Backed Securities

This paper provides a good understanding of what asset backed securities are; their benefits and dangers, and in particular legal issues that may arise when considering and managing such securities

Application of the Public Policy Exception in the UNCITRAL Model Law on Cross-Border Insolvency: Issues and Challenges

Asset Tracing and Recovery: Is India Ready?

Assignment of Non-Performing Loans (NPLs) – Main Challenges in Brazil

This paper examines the current status of the market for NPLs in Brazil and the constraints imposed on it by the applicable regulations and legislative requirements for both assignments of and after-sale management of NPL portfolios

Avoidance Actions and Choice of Law in Multinational Insolvency Proceedings

Avoidance of Antecedent Transactions and Cross-border Insolvency in the Czech Republic

This paper provides members with a detailed overview of Czech insolvency law governing the avoidance of payments and other transactions in certain circumstances (and the consequences of that avoidance) effected before and during insolvency

Avoidance Provisions in a Local and Cross-border Context: A Comparative Overview

Paper covers avoidance provisions in a South African and cross-border context and includes a comparative overview

Bank Bankruptcy in Canada: A Comparative Perspective

This article provides an overview of the legal bank bankruptcy regime in Canada introducing The Global Bank Insolvency Initiative: Legal, Institutional, and Regulatory Framework to Deal with Insolvent Banks (“GBI”) which is used as the framework for locating the Canadian system within an international context

Assignment of Non-Performing Loans (NPLs) - Main Challenges in Brazil

Technical Paper Brazilian NPLs

Business Recovery Procedures in South Africa, Namibia and Botswana and the Possible Introduction of Unified Procedures for the Region

This paper covers the business rescue regime introduced by Chapter 6 of the new Companies Act, 2008 and also examines the current legal restructuring and business rescue provisions in place in South Africa, Namibia and Botswana

Chapter 15 Loophole? Implications of the Ruling in Purdue Pharma on Recognition of Foreign Non-Consensual Third-Party Releases

Confronting Practical Challenges and Pursuing Creative Solutions

The effectiveness of the China bankruptcy regime was discussed at the 4th China Bankruptcy Forum in Beijing and this paper refers to the comments and conclusions drawn in respect of key issues that were discussed in this forum

Corporate Groups and Liability Issues in Argentina, USA and the UNCITRAL Recommendations

This paper examines the American case law, the Argentine law and the UNCITRAL recommendations of the current decade in respect of liability issues within corporate groups in insolvency

Court Restructuring and Bankruptcy in Poland

This paper provides members with an overview of the Polish court restructuring and bankruptcy laws and the concept of a licensed and regulated restructuring and insolvency practitioners’ profession in Poland

Credit Bidding in Brazilian Judicial Reorganisation Proceedings: Legal Basis, Comparative Insights and Guidelines for Utilisation

The paper aims to analyse the role and legal treatment of credit bidding in Brazil, comparing it to the well-established practice under the United States Bankruptcy Code and also examining its application in the United Kingdom and Canada. Through this comparative perspective, the paper underscores how credit bidding can foster competition, maximise asset value, and enhance creditor engagement in restructuring scenarios.

Cross-Border Insolvency in Singapore: The Effectiveness of the Judicial Insolvency Network and the JIN Guidelines of Cross-Border Insolvency Matters

Cross-border Insolvency Proceedings in the European Union: The Interface Between the Insolvency Regulation and the Brussels I Regulation

This paper, deals with the interface between the Insolvency Regulation and the Brussels I Regulation in common situations, and identifies the remaining areas of uncertainty and the relevant practical implications

Cross-border Investigations and Comity: A Tool Kit for Insolvency Practitioners and Restructuring Advisors

Cross-border Recognition of Restructuring Proceedings: State of the Market

Crossing Swords? Domestic Application of Foreign Law Under the UNCITRAL Model Law on Cross-Border Insolvency

This paper provides a overview of the recent international case law that has considered the issues surrounding the application of foreign law in domestic courts, and has drawn interesting conclusions in respect of each of these countries

Directors in the Twilight Zone - Hungary

Disclaiming Onerous Property in Insolvency: A Comparative Study

This paper explores insolvency legislation allowing for insolvency officers to repudiate unprofitable contracts and investigates the reasons for this option existing and how it is used in a number of different jurisdictions

Discovery in Chapter 15 cases: broad but not limitless

Economics and Geographical Implications of Hedge Funds in Distressed Debt

Technical paper covers the economics and geographical implications of hedge funds in distressed debt

Enforcement Risk Solving the Restructuring Challenge for Extra-territorial Plans

Financial Institutions Restructuring in Argentina and Latin America

This paper provides a comprehensive analysis of the Argentine financial institutions’ insolvency regime, along with a description of the regulation of financial institutions’ insolvency in other countries in Latin America

Finding COMI in Group Insolvencies: Taking a page from the Chapter 15 playbook

Formalities for the Transfer of Insolvent Businesses: The Obligatory Transfer of Employees in South Africa and the United Kingdom

The paper covers formalities for the transfer of insolvent businesses and explores many issues that are significant to both employers and employees of insolvent entities in South Africa and the UK.

How the New PRC Enterprise Bankruptcy Law has Fared – Restructuring of A-share Listed Companies and Cross-border Implications

The paper examines how the new PRC Enterprise Bankruptcy Law has affected distressed listed companies and includes a brief reflection on the bankruptcy of non-listed companies under the New Law

Insolvency in Relation to Islamic Finance: Malaysian Law and Shariah Perspective

This paper provides an overview of the key Islamic finance concepts in general and the impact of insolvency where funding has been provided according to the Islamic finance principles

Inter-Company Debts and Set-Off

This paper discusses how inter company claims are settled by way of set-off in an insolvency situation and presents key arguments for and against set-off

Judicial Views on Third Party Litigation Funding - A Comparative Overview

This paper will address third party litigation funding by reference to the most recent judicial pronouncements in each of England, South Africa, Australia, New Zealand, Hong Kong

Jurisdiction and recognition of insolvency-related judgments: A comparison between European Insolvency Regulation and the UNCITRAL Model Law

Liability of Controlling Persons in Corporate Insolvency: Evolving Trends in Russian Law and Practice

Luxembourg Holding Companies: Embracing and Unveiling the Multifaceted Intricacies of COMI, Central Administration and Real Centre of Management

This paper examines the similarities and differences in the criteria for determining the Centre of Main Interest (COMI) or where the real central management is based, and these are examined in the context of restructuring and insolvency, corporate and tax perspectives

Mediation Before Insolvency Proceedings

Modern Insolvency Law Developments in the Former Soviet Union States

This paper provides useful information about the modern insolvency law developments of the former Soviet Union States. It provides background information in relation to the environment in which insolvency law reforms were introduced and the transformation that has taken place so far

Modified Universalism and its Parallel in the South African Common Law

Moving towards a clearer framework for more substantive consolidation in Brazilian court reorganisations

Navigating Through the Asian Reluctance in Implementing the Model Law: Bridging the Pacific Divide

Necessity Trumps Law: Lessons from Emerging Markets for Stressed Developed Markets?

In this paper the authors examine the financial crisis experienced by the East Asian countries in the 1990s and also the sovereign debt crisis faced by Argentina in early 2000s and how the respective governments responded

New Cross-border Insolvency and Restructuring Law in Switzerland

New Insolvency-Related Criminal Offences in Chile

New Insolvency-Related Criminal Offences in Chile (Spanish Translation)

Overview of the Latest Amendments to the Brazilian Judicial Reorganisation and Bankruptcy Law

Potential Directorial Liabilities of Creditors in a Workout

This paper highlights some of the sources of liability that creditors may face in an informal workout, and in particular discusses the concepts of shadow directorship and phoenix companies

Potential Legal Issues for Bondholders Seeking Recovery on Sovereign Bond Debt in U.S.

This paper deals with key issues that bondholders may consider when they decide to initiate lawsuits in the US to recover foreign sovereign debt

PRC Enterprise Bankruptcy Law: Key Developments and Enhancements since 2017

Property that Moves: Security over Moveable Personal Property and Cross-border Enforcement

Paper outlines the private international law rules that apply to security interests in mobile property in cross-border insolvencies and attempts to resolve some of the problems created by these rules

Restructuring in Indonesia in Practice

Review of the PRC Bankruptcy Law in 2009

In this paper the authors discuss the current position and effectiveness of the new PRC Bankruptcy laws in respect of reorganisation, compromise and liquidation including five actual case examples

Role of Corporate Boards - Insolvency and Corporate Governance Landscape in India

This paper provides an overview of the best corporate governance practices; duties of interested parties such as shareholders, management, and the board of directors and looks at the adverse effects experienced by Indian companies that fail to implement good corporate governance practices

Securities Law Claims in Insolvency Proceedings

The paper explores the contours of the intersection between securities law and insolvency regimes at a time when a corporate entity is in financial difficulty

Shipping Chapter 11s: Safe Harbor or Rough Seas? (Continued)

This paper focuses on the continued challenges faced by the current shipping industry and the available restructuring solutions, with the use by international shipping companies of US chapter 11 proceedings as a key example

Singapore as a forum of choice for insolvency proceedings the story so far

Specifics of Personal and Corporate Bankruptcy Under Russian and Ukrainian Laws

This paper provides a wealth of information on personal and corporate bankruptcy under Russian and Ukrainian laws

Strategic Considerations for Creditors Facing a Debtor in Chapter 15 Under the United States Bankruptcy

This paper highlights some of the important considerations that creditors should be aware of when dealing with a debtor under the chapter 15 procedure

The Interplay Between Insolvency and Arbitration Proceedings: An insight into developments across jurisdictions

The Spanish Restructuring Model: Analysis of the Restructuring Plan and the Dilemma of Competing Plans

The Treatment of Bonds in Insolvency: A Comparative Analysis of the Law in Colombia, Peru, Chile and Mexico

The wave of insolvency reform across the region: Analysing the new bankruptcy laws in Morocco and Bahrain

The Long (or Not so Long) Arm of Avoidance Claims: The Issue of Extraterritorial Application

This paper examines the situation in the US, where the extraterritorial application of a specific statute can be limited under two key canons of statutory construction: (i) the “presumption against extraterritoriality;” and (ii) the doctrine of international comity

The New Insolvency & Bankruptcy Code in India: Impact on the Distressed Debt Market

This paper examines the key developments that have taken place since the implementation of the Insolvency & Bankruptcy Code (IBC 2016).

The Snipping of the Golden Thread and the Sacking of the Temple of Universalism

Paper discusses the UK Supreme Court decision which decided that the principles that apply to the recognition and enforcement of foreign insolvency judgments are the same as those applicable to civil law judgments and that no distinction should be made thus declining to extend the concept of universalism to insolvency judgments

The Thing about Schemes in the Scheme of Things: Recognition of Schemes of Arrangement under Chapter 15 of the U.S. Bankruptcy Code

This interesting paper examines the relevant legal components of the interpretation of “foreign proceeding” under the Code

The Treatment of Secured Rights in Cross-border Insolvency

This paper examines the position of a secured creditor in the event its debtor’s assets are located in a country other than where the insolvency proceedings have commenced

The WEPPA, Purposive Interpretation and Vulnerable Creditors

This paper considers the wage earner provisions that are in force in Canada and also the decision given by the appellate court in the case of Ted Leroy Trucking Ltd. v. Century Services Inc

Update on Shareholder and Equity - Related Claims in Insolvency Proceedings

This article provides an international update on the legal treatment of shareholder and other equity-related claims in the context of insolvency and reorganization proceedings in Canada, the United States and the United Kingdom

Using Foreign Capital to Deal with Stressed Assets in India

Using Synthetic Proceedings in Cross-Border Insolvency: Opportunities and Challenges

What does it take to have an effective rescue finance market?