Features

A “perfect storm” of increasing interest rates, inflation and higher debt service and refinancing costs has led to a huge amount of distress in the commercial real estate sector, but panellists at GRR Live in New York discussed why there have not been many bankruptcies while other industries affected by the covid-19 pandemic have seen an uptick in filings.

26 September 2023

With the Supreme Court set to rule on whether non-consensual releases for non-debtors are permitted under the US Bankruptcy Code, panellists at GRR Live in New York said the decision could have a big impact on how bankruptcy law is practiced in the US but it would be “just a matter of time” before creative lawyers find a new way to get the best results for their clients.

25 September 2023

Following a recent restructuring that saw an Irish scheme used to discharge English law-governed debt, a panellist at GRR Live in New York has argued that the Cayman Islands’ new restructuring officer regime could be used to override the rule in Gibbs.

22 September 2023

The co-heads of Allen & Overy’s global restructuring practice, Katrina Buckley in London and Sigrid Jansen in Amsterdam, discuss the need for a workable stay to support the UK’s Part 26A plan, and how new restructuring procedures across Europe have decreased holdout creditors’ power.

21 September 2023

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discusses an issue that came before a Dutch court in a case GRR reported on a few days ago: who is the foreign representative under the UNCITRAL Model Law?

04 September 2023

Senior vice president Vince Novelli of specialist North American insurance broker Atlantic Global Risk tells GRR about how contingent risk insurance can be used as an alternative financing option in the restructuring and insolvency space and why the current macroeconomic environment has been good for business.

25 August 2023

Mayer Brown partners Devi Shah and Stephen Moi and counsel Alexandra Wood consider the lessons learned from an English court decision earlier this year in which a foreign judgment creditor was able to enforce a third-party debt order against a Lithuanian debtor’s English assets, after the debtor’s Lithuanian insolvency administrator had applied for recognition in the UK.

22 August 2023

Michael Todd KC and Tom Hall of Erskine Chambers and Christina Herrero of Marshall Diel & Myers in Bermuda, who represented joint provisional liquidators in a recent application for directions regarding the statutory regime for segregated accounts companies in Bermuda, consider the resulting “important” decision that provides the regime’s first comprehensive review.

15 August 2023

Bob Wessels discusses a recent case of the Netherlands Commercial Court on whether digital data can be legally owned.

11 August 2023

Norton Rose Fulbright partner Radford Goodman and senior knowledge lawyer Helen Coverdale in London provide context to the UK’s recent decision to adopt one new UNCITRAL Model Law and press pause on implementing part of another – with a commentary from the firm’s global chair and global co-head of restructuring Scott Atkins in his capacity as INSOL International president.

25 July 2023