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 ...
Articles & Books
The International Insolvency Review, Second Edition, Law Business Research Ltd., 2014
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...
In November 1991, Robert Maxwell — the larger-than-life publishing magnate — mysteriously drowned alongside his yacht. Within months of Maxwell’s death, his media empire had collaps...
Davis Polk lawyers Timothy Graulich, Giorgio Bovenzi, James I. McClammy and Hiroshi Sugiyama recently published an article in the March issue of NBL (New Business Law), a Japanese law jou...
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 ...
As restructurings become increasingly cross border, Chapter 15 recognitions of foreign proceedings have become increasingly common. Although not sought in most Chapter 15 cases (and succe...
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...
Articles & Books
The International Insolvency Review, First Edition, Law Business Research Ltd., 2013
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 ...
Articles & Books
The International Insolvency Review, First Edition, Law Business Research Ltd., 2013
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 ...