Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events

Features

Book Review: The Framework of Corporate Insolvency Law

Book Review: The Framework of Corporate Insolvency Law

12 September 2017

Joe Bannister, a partner at Hogan Lovells in London, describes the "rich and thorough exposition" of English insolvency law in a new book by Norton Rose Fulbright consultant Hamish Anderson: a book the author says he wished he'd had early in his career.

Europe column: Opting out of group coordination proceedings

Europe column: Opting out of group coordination proceedings

04 September 2017

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discussess the rights and consequences of opting out of group coordination proceedings under the recast European Insolvency Regulation.

Cross-border cooperation: an interview with Judge Robert Drain in the US

Cross-border cooperation: an interview with Judge Robert Drain in the US

16 August 2017

GRR caught up with Judge Robert Drain from the US Bankruptcy Court for the Southern District of New York in April during the American Bankruptcy Institute's annual spring meeting in Washington, DC. There, he discussed historic and future cross-border cooperation against a backdrop of the newly minted Judicial Insolvency Network Guidelines, and the controversial property requirement for making a Chapter 15 application in the US.

A "palliative" approach to insolvency in the retail world?

A "palliative" approach to insolvency in the retail world?

31 July 2017

The retail sector is in the midst of a deeply disruptive shift as online shopping increasingly puts its long-term future in peril. Howard Morris, head of the business restructuring and insolvency group at Morrison & Foerster in London, argues that instead of liquidating speedily, retailers should take a leaf out of the insurance industry's book and continue to make profits as they are run down slowly.

Pre-insolvency column: Preventative restructuring in Germany after the EU directive

Pre-insolvency column: Preventative restructuring in Germany after the EU directive

11 July 2017

A preventive restructuring framework, adapted in line with the EU’s draft harmonisation directive, could offer better chances for company rescue outside of insolvency proceedings in Germany. The Boston Consulting Group's Simon Wroblewski in Munich, Rüdiger Wolf in Hamburg and Ralf Moldenhauer in Frankfurt, discuss the benefits of future amendments in the third edition of our pre-insolvency column in association with TMA Europe.

Pre-insolvency Column: Corporate restructuring landscape in Poland – new regulations in place

Pre-insolvency Column: Corporate restructuring landscape in Poland – new regulations in place

28 June 2017

Piotr Bieniasz, finance director at Automatic Systems Engineering in Gdansk, discusses recent changes to Polish pre-insolvency law and the take-up of four new, specially tailored processes in the first year of their application, in our column produced in association with TMA Europe.

Asset recovery column: The door to recovery – tracing of stolen or wrongfully siphoned assets

Asset recovery column: The door to recovery – tracing of stolen or wrongfully siphoned assets

08 June 2017

Edward H Davis Jr and Annette C Escobar, founding shareholder and partner at Sequor Law in Miami, discuss some of the challenges that exist in cross-border relief and asset recovery as to individuals and holding companies in the context of Chapter 15 recognition before the US bankruptcy courts.

Europe column: rights and duties of the group coordinator in the EU Insolvency regulation

Europe column: rights and duties of the group coordinator in the EU Insolvency regulation

06 June 2017

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discussess the role of the group coordinator under the new group provisions in the recast European Insolvency Regulation.

Book Review: Commentary on the European Insolvency Regulation

Book Review: Commentary on the European Insolvency Regulation

11 May 2017

José Carles of Carles Cuesta Abogados in Spain praises a 2016 commentary on the European Insolvency Regulation edited by Reinhard Bork and Kristin van Zwieten – hailing the arrival of what will be a key text for practitioners in the coming years as the recast regulations are implemented.

Asset recovery column: Chapter 15 relief for parties not initially named as debtors

Asset recovery column: Chapter 15 relief for parties not initially named as debtors

02 May 2017

Ed Davis and Annette Escobar, founding member and partner at Sequor Law in Miami, present the methods available under US law, common law and in Brazil’s bankruptcy legislation to seek relief against parties not initially named as debtors in Chapter 15 proceedings.

Raising the buffers: how global banks are winning the race to end too-big-to-fail

Raising the buffers: how global banks are winning the race to end too-big-to-fail

28 April 2017

When GRR surveyed counsel to discuss how global banks could hope to keep pace with constantly changing regulations on capital buffers, it soon became clear that the banks’ own innovations aimed at raising loss-absorbing debt have outpaced the rate of reform.

Europe column: international jurisdiction for annex and related actions

Europe column: international jurisdiction for annex and related actions

27 April 2017

The recast European Insolvency Regulation will bring in new jurisdictional provisions for actions that either derive from, or are closely linked to, insolvency proceedings in the EU. Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, welcomes the changes and discusses how they can be further improved.