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Silk Legal | Thailand | 29 Oct 2021
New rehabilitation options for small businesses in Thailand
One gauge of the level of business distress is the number of bankruptcy applications filed, which have risen sharply in 2021. Often seen as a last…
Herbert Smith Freehills LLP | Australia | 30 Sep 2021
Tma submissions on Australian creditors’ scheme of arrangement consultation
On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia…
McMillan LLP | Brazil, Canada | 23 Jan 2020
Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA's 2019 Global Restructuring Conference
Canada and Brazil share a long and significant common history of business and investment. Over a century ago, Canadian companies were heavily…
Paul, Weiss, Rifkind, Wharton & Garrison LLP | Global | 21 Dec 2018
Brian Hermann and Lauren Shumejda Co-Author Chapter in GRR’s Restructuring Review of the Americas
Bankruptcy partner Brian Hermann and counsel Lauren Shumejda co-authored the chapter, “U.S.: New Strategies for Getting Paid: Recent Investment Fund…
Schulte Roth & Zabel LLP | USA | 7 Dec 2018
Third Circuit Protects Commercial Tenant with Rejected Lease from Bankruptcy Sale Purchaser
“Section 365(h) of the Bankruptcy Code [(“Code”)] and the doctrine of equitable recoupment entitled [a commercial tenant] to continue paying [reduced]…
Squire Patton Boggs | USA | 3 Dec 2018
Did Jevic Doom Future Chapter 11 Recovery Efforts By Unsecured Creditors?
A majority of today's large Chapter 11 cases are structured as quick Section 363 sales of all the debtor's assets followed by confirmation of a plan…
Patterson Belknap Webb & Tyler LLP | USA | 19 Nov 2018
Another Gotcha for the Calendar: Section 365(d)(1)
Although it may be difficult to define precisely what an “executory contract” is (with the Bankruptcy Code providing no definition), I think most…
Taylor Wessing | Germany | 8 Nov 2018
New rules on directors’ liability in Germany
The German Federal Court of Justice has tightened its grip on company directors again. In a recent judgment on directors’ liability in insolvency…
K&L Gates LLP | European Union, United Kingdom | 23 Oct 2018
New EU Restructuring Directive: Harmony in Troubled Times
Introduction Following recent proposed changes to UK restructuring and insolvency law, a new European Union (“EU”) directive concerning restructuring…
Clayton Utz | Australia | 11 Sep 2018
US DIP financing to the rescue for Australian retail insolvencies?
Lending to a company in bankruptcy protection or external administration may seem counterintuitive given that, by definition, it has insufficient…
