Worldwide: Financial Restructuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Should Your Small Business Wait for Congress to Raise the Bankruptcy Debt Limit? Here's How to Think About It.
Congress is moving to raise the debt cap for Subchapter V bankruptcy from $3.4 million to $7.5 million, potentially opening faster restructuring options for more small businesses. But with the bill still awaiting House approval and no guaranteed timeline, should struggling companies wait for legislative action or proceed with available options now? The answer hinges on understanding what delay actually costs when financial distress is already present.
United States Insolvency
JW
Jones Walker
Article
Forum Shopping For A Friend? Availability Of Third-party Releases In The UK, Singapore And The US
Third party releases (3PRs) have long been a feature of restructuring processes in key international restructuring centres including England, Singapore and the United States. However, recent court decisions in all three jurisdictions have brought renewed scrutiny to the circumstances in which such releases can be granted and their permissible scope.
Worldwide Insolvency
KL
Herbert Smith Freehills Kramer LLP
Article
Passport To Relief: How Distressed U.S. Companies Are Restructuring Abroad
U.S. companies are increasingly turning to foreign restructuring venues like the U.K., Canada, and the Netherlands to surgically address specific balance sheet problems—particularly unsecured debt tranches—while avoiding the cost, complexity, and post-Purdue limitations of Chapter 11. These targeted international proceedings offer speed, precision, and the ability to secure third-party releases that are no longer readily available in U.S. bankruptcy courts, then return home for enforcement under
Worldwide Insolvency
LS
Lowenstein Sandler
Article
Delaware’s New ABC Act: A Powerful Tool For Distressed Companies (Video)
Delaware has become the sixth state to adopt the Uniform Assignment for Benefit of Creditors Act, creating a more streamlined framework for distressed companies. This new legislation offers an alternative to Chapter 11 bankruptcy for Delaware-organized companies lacking liquidity, featuring assignee independence, structured claims administration, and Court of Chancery oversight. The Act's implications are significant given that over 60% of publicly traded U.S. companies are organized in Delaware.
United States Insolvency
LS
Lowenstein Sandler
Podcast
Navigating Distress: Commercial Real Estate Workouts In The CMBS And CLO Markets (Podcast)
The U.S. distressed commercial real estate market faces mounting pressure from high interest rates, overleveraging, and an approaching wave of loan maturities. Real estate experts explore why conditions in multifamily, office, and hotel assets may be worse than widely reported, and outline practical strategies for borrowers to protect their interests in an increasingly challenging refinancing environment.
United States Finance
MB
Mayer Brown
Article
U.S. Bankruptcy Court Cracks Open Door For Canadian Cannabis Restructurings
A federal bankruptcy court in Delaware has made a groundbreaking decision by recognizing a foreign insolvency proceeding for a cannabis company, marking the first time a U.S. federal court has acknowledged such proceedings despite marijuana's continued federal prohibition. This development opens new restructuring pathways for distressed cannabis operators who were previously limited to state-law remedies like receiverships and out-of-court restructuring.
United States Cannabis
DM
Duane Morris LLP
Article
Southern District Of Texas Clarifies Post-Purdue Course For Consensual Third-Party Releases And Gatekeeping Provisions
The Southern District of Texas addresses critical questions left open by the Supreme Court's Purdue decision regarding consensual third-party releases in bankruptcy plans. The court establishes when opt-out mechanisms suffice for creditor consent and clarifies the permissible scope of gatekeeping provisions that restrict litigation against non-debtor parties in Chapter 11 reorganizations.
United States Insolvency
JD
Jones Day
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