The Restructuring Review of the Americas provides exclusive thought leadership, direct from pre-eminent practitioners. This Review gathers the expertise of 19 leading figures from 10 firms in 7 jurisdictions. Contributors are vetted for international standing and knowledge of complex issues before being approached.
In this volume, our experts in the US consider Chapter 11 and Chapter 15 of the US Bankruptcy Code and provide guidance on how indenture trustees can ensure that they are paid for services rendered during a bankruptcy case. Additionally, an overview is provided of the current landscape of foreign-to-foreign transfers.
Elsewhere, our expert panel consider the criticisms of the Brazilian restructuring legislation; the broad and flexible restructuring options available in Canada; offshore restructuring in the Cayman Islands; the new law on restructuring and liquidation in the Dominican Republic; the Concurso Law in Mexico and why it has not represented a feasible and efficient restructuring procedure for companies in financial distress; and why the current system in Peru does not adequately regulate cross-border insolvency, with suggestions for modification.
The Review is annual and will expand with each edition. If you have a suggestion for a topic to cover or would like to find out how to contribute, please contact email@example.com.
Brazil – The Corporate Insolvency Law and New Perspective:
- Thomas Benes Felsberg and Paulo Fernando Campana Filho, Felsberg Advogados
- DJ Miller, Thornton Grout Finnigan LLP
- Christopher Harlowe and Tisha Hobden, Mourant Ozannes
- Mary Fernández and Melba Alcántara, Headrick Rizik Alvarez & Fernández
- Diego Ignacio Sierra Laris, Von Wobeser y Sierra, SC
- Payment of Indenture Trustees’ Fees in Bankruptcy,
- Shane G Ramsey and John T Baxter, Nelson Mullins Riley & Scarborough
- Jose Jimenez Chocano and Daniel Gonzales La Rosa, Rebaza, Alcázar & De Las Casas
USA – Chapter 11:
- Rachel Ehrlich Albanese and Dienna Ching Corrado, DLA Piper LLP (US)
USA – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers:
- Timothy Graulich and Elliot Moskowitz, Davis Polk & Wardwell LLP
USA – Overview and Recognition of Enforcement:
- James L Bromley and Daniel J Soltman, Cleary Gottlieb Steen & Hamilton LLP