On September 29, 2014, in Czyzewski v. Sun Capital Partners, Inc. (In re Jevic Holding Corp.), the United States District Court for the District of Delaware issued a decision holding that...

COMMENTARY By MARSHALL HUEBNER If you could make one change to the bankruptcy code, what would it be? As many commentators have noted, bankruptcy has become very litigious. Much of this i...

Being deemed an “insider” has important ramifications for creditors in bankruptcy. For example, the otherwise-applicable 90-day preference period expands to one year for insiders. Whe...

COMMENTARY BY MARSHALL HUEBNER When a company files for Chapter 11 protection a second, third or even fourth time, who’s to blame? As is true of a company’s initial Chapter 11 filing,...

CoCos are capital instruments (Tier 2) or perpetual instruments (AT1) which, upon the occurrence of a trigger event, convert to equity, or the principal amount is written down (either on ...

  Ronan Harty authors the United States chapter of Getting the Deal Through: Merger Control 2015, which covers the regulation of mergers and joint ventures in 77 jurisdictions worldwide. ...

  In last year’s edition of The International Insolvency Review, we discussed the tension between the ‘universalist’ and ‘territorialist’ approaches to cross-border insolvencies...

French insolvency law currently provides for seven restructuring and (pre-)insolvency proceedings, which can be classified into two subgroups: two court-assisted proceedings (ad hoc manda...

  Although individual states in the United States have laws that govern the relationship between debtors and their creditors, insolvency law in the United States is primarily dictated by ...

The SEC may soon adopt Regulation SCI, which it proposed in March 2013 in the wake of several high-profile systems problems in the securities markets. In a recent guest commentary in Trad...