Shareholders’ and Creditors’ Entitlements On Insolvency: Who Wins Where? (2015) Summary: If shareholders are treated as outside creditors, there will be less to go around...
Debt Equity: Recharacterization of Debt in Bankruptcy Proceedings – and What to Do About It (2015) Summary: A Common Scenario: A client invested in a real estate or commercial venture that is...
“Stress Testing” Chapter 15 of the US Bankruptcy Code (2014) Summary: Chapter 15 is an administrative tool, not a tactical weapon – and the aim...
Jaffé v Samsung Electronics Co., Ltd.: Exploring the Limits of ‘Additional Relief ’ and ‘Additional Assistance’ under Chapter 15 of the US Bankruptcy Code (2014) Summary: Chapter 15 of the US Bankruptcy Code is drafted to provide administrators of non-US insolvency...
Fraudulent Transfer Issues in Bankruptcy (2014) Summary: Presentation given April 30, 2014 to the Los Angeles chapter of the Association of Certified...
Chapter 15 of the United States Bankruptcy Code: A Very Brief Overview for Non-US Practitioners (2013) Summary: The rise of a global economy has itself given rise to a very practical question:...
In re Fairfield Sentry, Ltd: More Guidance for Administrators Seeking Ancillary Recognition in the US (2011) Summary: A 2011 US District Court decision involving BVI-based Fairfield Sentry, Limited (‘Sentry’) provides additional texture...
There’s Gold in Them Thar Claims: Funding Cross-Border Litigation in Crystallex’s Cross-Border Insolvency (2011) Summary: The sale of distressed businesses or business assets at auction is a regular feature of...
In re Stanford International Bank Limited [2009] EWHC 1441 (Ch) (2010) Summary: If a company used to perpetrate a fraud (Ponzi, Madoff, Stanford) should fail, how should...
Commotion over Comity: In re RHTC Liquidating Co. and Contemporaneous Bankruptcy Decisions Addressing ‘Comity’ (2010) Summary: For over a century, the doctrine of ‘comity’ has been a prominent feature of US...