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The co-heads of Sidley Austin’s London restructuring group discuss their high-profile work on Chinese real estate restructurings, the recent back-and-forth between US and Hong Kong courts over the Gibbs rule, and how the UK’s new cross-class cramdown tool will allow sponsors to “game the capital structure” and play creditors off against each other.

13 March 2023

One year after his appointment as Omni Bridgeway’s co-chief investment officer in the US, Jim Batson tells GRR about the “evolution” he has seen in the bankruptcy space in recent years, why he thinks litigation financing is at its heart an ESG product and what factors are considered when funders are deciding to invest.

07 March 2023

Howard Morris, head of business restructuring and insolvency at Morrison Foerster in London, considers whether and in what circumstances cryptoasset withdrawals from a distressed exchange might amount to avoidable preferences under English insolvency law.

23 February 2023

Bob Wessels picks up where he left off last April on the topic of what happens when a territorial insolvency proceeding is opened prior to any main insolvency proceedings.

17 February 2023

A Cayman Islands liquidation under Section 92(e) of the Companies Act is not necessarily a foreign proceeding that can be recognised under Chapter 15 of the US Bankruptcy Code, warn Norton Rose Fulbright senior counsel Francisco Vazquez in New York and associate Michael Berthiaume in Dallas, as they examine a recent ruling from the Southern District of New York.

14 February 2023

BSA Ahmad Bin Hezeem senior associate Michèle El Khoury examines recently introduced reforms to real estate investment funds in Dubai, which she says aim to strengthen the jurisdiction’s position as a destination for foreign capital, including by protecting the rights of overseas investors when REIFs are faced with bankruptcy.

09 February 2023

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, warns petitioners to look in the right place for judgments opening insolvency proceedings in another EU member state – or they may face costly consequences.

07 February 2023

While acknowledging the limited regulatory guidance currently in place, managing partner Kyle Broadhurst and Richard Parrish from Cayman boutique Broadhurst provide a brief overview on how at least seven different jurisdictions are approaching the treatment of crypto assets in insolvency.

06 February 2023

Partners from McDermott Will & Emery in the UK and US examine how struggling companies fared in 2022 with reduced access to liquidity, and predict an increase in distressed M&A activity and out-of-court transactions as debtors look to deal with those liquidity issues in the year ahead.

17 January 2023

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discusses how Russia sanctions have permeated a Dutch insolvency, and makes a case for a pan-European approach towards the impact of public law measures on insolvency law.

16 January 2023