Features

Shuffling the cards in the historically debtor-driven French scheme

Partner Timothée Gagnepain and associate Lucille Madariaga at McDermott Will & Emery in Paris examine France’s recent transposition of the EU’s restructuring directive and argue that it strikes a new balance, taking France from a debtor-friendly regime, to leaning more towards the benefit of secured creditors.

25 October 2021

France’s new flash insolvency proceeding for SMEs

Alexandra Szekely, a partner at Le 16 Law in Paris, examines a new flash insolvency proceeding for small and medium sized companies that is now available under French law.

22 October 2021

Does the UK have a new “business judgment test”?

Should the growing enthusiasm of the English courts in challenging commercial aspects of cases be a cause for concern? Morrison & Foerster restructuring head Howard Morris, counsel Amrit Khosa and trainee Julia Kotamäki examine the recent cases of subprime lender Amigo Loans and oil company Hurricane Energy, in which the High Court refused to sanction the proposed restructurings.

18 October 2021

Carbon credits: asset and/or liability in restructuring?

Arnold & Porter partners Brian Lohan in Chicago and Maja Zerjal Fink in New York consider the treatment of emissions credits in the financing and restructuring context and suggest unified systems for trading and dealing in them around the world.

14 October 2021

Europe column: Cross-border insolvency in Rembrandt’s day

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, gives readers an early modern history lesson on the origins of cross-border insolvency in central Europe: the background to his new book, “Rembrandt’s Money”.

12 October 2021

Insolvency resolution for non-banking financial companies in India

Following the “path-breaking” restructuring of Dewan Housing Finance Corporation and the ongoing resolution process for Infrastructure Leasing & Financial Services, New Delhi-based Utkal Law Chambers partner Supriyo Ranjan Mahapatra discusses recent trends in the resolution framework for distressed non-banking financial companies in India.

11 October 2021

ESG debt: what restructuring professionals should expect

Associate Katie Crispi at Faegre Drinker Biddle & Reath in London explains why restructuring professionals should be paying close attention to the evolution of sustainable debt.

07 October 2021

Insolvency forum shopping and the case of Investin

Partner Stephen Alexander and associate Stephan Venter at Mourant in Jersey examine the growing practice of insolvency forum shopping and explain how Jersey’s Royal Court approached the subject in the recent Investin case.

04 October 2021

Thirty minutes with Edwin Tong SC: restructuring partner turned politician

Edwin Tong SC, a former head of restructuring and corporate insolvency at Allen & Gledhill, turned to politics a decade ago. In 2018, he was tasked with the development and promotion of Singapore’s legal sector – including fulfilling its self-proclaimed ambition to become a restructuring hub: so GRR caught up with him to ask how that ambition was coming along, five years down the line.

28 September 2021

Extended breathing space for UK commercial tenants

As the UK government’s covid-19 support for businesses continues to be reduced, some of the current protections will be removed, but commercial rent arrears will remain ring-fenced. Craig Montgomery and Roger Schofield of Freshfields Bruckhaus Deringer in London analyse the latest position and the impact on landlords and tenants.

17 September 2021

Unlock unlimited access to all Global Restructuring Review content