Donald S. Bernstein

In the wake of the recent Momentive ruling on cramdown plan confirmation (discussed in our recent client memorandum ), on September 30, 2014, the bankruptcy court also rejected the senior...

  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 ...

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...

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

In a lengthy bench ruling delivered on August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that Momentive Performance M...

On January 21, 2014, the Federal Reserve published an Advance Notice of Proposed Rulemaking (ANPR) announcing that it had commenced a review of the authority of U.S. and foreign financial...

On January 14, 2014, U.S. Bankruptcy Judge Robert E. Gerber of the Southern District of New York issued a decision with potential implications for the interpretation of Section 546(e) of ...

On September 15, 2013, Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York issued an opinion in the Residential Capital (“ResCap”) bankruptc...

A court presiding over a multi-jurisdictional insolvency case is faced with a dilemma: should the court apply its own laws and rules as if the case had no international aspects, or defer ...

French insolvency law provides for six restructuring and (pre-)insolvency proceedings, which can be classified into two sub-groups: two court-assisted proceedings (the mandat ad hoc and c...