The Restructuring Review of the Americas 2019
Complementing our news and magazine coverage, The Restructuring Review of the Americas provides exclusive thought leadership, direct from pre-eminent practitioners. The Review gathers the expertise of 19 leading figures from 12 different firms in eight jurisdictions.
In this volume we have expanded our coverage in the United States. In addition to an overview of Chapter 11 of the US Bankruptcy Code, our expert panel also reviews hedge fund and private equity fund participation and some of the investment strategies that funds continue to adopt to maximise their returns. Chapter 15 is discussed in two chapters: first, a full review of Chapter 15 as a tool providing effective mechanisms for dealing with cross-border insolvency cases and looking at whether it remains a welcoming destination for foreign debtors; second, a look at the limits of Chapter 15 with specific consideration to the high burden parties must overcome to invoke section 1506 of the Bankruptcy Code, which allows courts to refuse to take action on public policy grounds.
Furthermore, our panel provides an overview of the bankruptcy law in Argentina and considers criticisms made against Brazil’s restructuring legislation and the proposed amendments suggested in May 2018 to revamp corporate restructuring in the country. We also review the broad and flexible restructuring options available in Canada; offshore restructuring in the Bahamas; and the Concurso Law in Mexico, explaining why it has not provided a feasible and efficient restructuring procedure for companies in financial distress. Additionally, our experts in Chile consider the flaws of the local regime, while our panel in Venezuela assesses the current regime, which lacks a statutory concept of insolvency, in the face of widespread economic instability.
- Fernando Daniel Hernández, Marval, O’Farrell & Mairal
- Sophia Rolle-Kapousouzoglou and Olivia Moss, Lennox Paton
Brazil – The Corporate Insolvency Law and New Perspective:
- Thomas Benes Felsberg, Felsberg Advogados
- DJ Miller, Thornton Grout Finnigan LLP
- Juan Esteban Puga Vial, Puga Ortiz Abogados
- Diego Ignacio Sierra Laris, Von Wobeser y Sierra, SC
US – Chapter 11:
- Rachel Ehrlich Albanese and Dienna Ching Corrado, DLA Piper LLP (US)
US – Chapter 15 Courts Eliminate Barriers to Entry and Impediments to Exit for Foreign Debtors in Chapter 15:
- James L Bromley and Daniel J Soltman, Cleary Gottlieb Steen & Hamilton LLP
US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers:
- Timothy Graulich and Elliot Moskowitz, Davis Polk & Wardwell LLP
US – New Strategies for Getting Paid: Recent Investment Fund Activity in Chapter 11:
- Brian S Hermann and Lauren Shumejda, Paul, Weiss, Rifkind, Wharton & Garrison LLP
US – The High Burden to Satisfy the ‘Manifestly Contrary to Public Policy’ Standard of Chapter 15:
- Ronit J Berkovich and Olga F Peshko, Weil, Gotshal & Manges LLP
- Juan José Delgado and Fernando Sanquírico Pittevil, InterJuris Abogados, SC
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The European, Middle Eastern and African Restructuring Review 2018