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...
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 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...
In re Condor Insurance Ltd: The Right Result … For The Wrong Reasons? (2010) Summary: The treatment of cross-border avoidance actions is a matter of critical importance for transactional...
Hold ’Em? Or Fold ’Em? Labour Claims, Secured Claims, Tax Liabilities and Their Potential Impact on the Outcome of Mexican Concurso Proceedings (2008) Summary: Commercial insolvency is – if nothing else – a protracted series of battles and bargains...
Pre-packaged Reorganisations under Mexico’s Ley de Concurso Mercantiles: New Amendments Offer New Possibilities for Cross- Border Insolvencies (2008) Summary: As Mexico’s reformed Ley de Concurso Mercantiles (LCM) approaches its ninth year of effectiveness, the...
More, Better, Faster: Gauging the Effectiveness of Mexican Insolvency Reform (2008) Summary: Time is money. The NAFTA region’s market-oriented national governments have sought to help private enterprise...