International Insolvency

Current Events with Bill Rochelle (and Guests!)

JPA No. 111: Smooth Landing for Foreign SPVs in U.S. Courts

March 2023

Benchnotes March 2023

March 2023

The Evolution of the Discount for Lack of Marketability

March 2023

Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans

The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.

Co-Chairs Corner

It is hard to believe how quickly 2022 has flown by. We wish you and your family a healthy, happy and prosperous new year filled, hopefully, with some international travels. The International Committee has indeed been busy; keep reading to hear all the amazing things we have been up to!!!

Toward a New DIP-Financing Regime Under European Restructuring Plans: Views from Spain

The EU Directive on restructuring and insolvency [1] has imposed an obligation to Member States to introduce relevant changes in their legal regimes on restructuring plans, which can be implemented even if the entity is in “the likelihood of insolvency.” [2] The purpose of the EU Directive is to encourage companies to address insolvency problems at a very early stage so they avoid one of the effects of formal insolvency proceedings: the social stigma, which, unfortunately, is still common in Europ

Burford Abstention Can Apply in Bankruptcy Alongside Abstention in 28 U.S.C. § 1334(c)

Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).