North America: Insolvency/Bankruptcy/Re-Structuring

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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.

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

Recent Developments In Cross-Border Restructuring Under Chapter 15 Of The Bankruptcy Code

Multi-national companies continue to grow and expand their global networks, with subsidiaries, assets, creditors, and contracts spanning across multiple jurisdictions, and the need for a coherent legal process to coordinate insolvency proceedings across borders has grown correspondingly.

United States Insolvency

AP

Arnold & Porter

ABCs In Restructuring: A New Act For An Old Tool Poised For Broad Adoption

The Uniform Assignment for Benefit of Creditors (ABC) Act aims to modernize and standardize a debtor-initiated, state-law liquidation mechanism where financially distressed debtors...

United States Insolvency

LS

Lowenstein Sandler

Delaware District Court Affirms Enforcement Of Nonconsensual Releases Under Chapter 15

This case is the latest in a series of cases — and potentially the first decision by a district court after the Supreme Court’s decision in Harrington v. Purdue Pharma L.P., 603 U.S. 204 (2024) (Purdue) — holding that nonconsensual releases approved in foreign restructuring proceedings can be enforced in the United States under Chapter 15.

United States Insolvency

KL

Herbert Smith Freehills Kramer LLP

Ready Player Three: Alberta Court Of Appeal Recognizes Equity Investor Standing To Initiate CCAA Proceedings

Canada Insolvency

F

Fasken

Alberta Court Of Appeal Confirms Equity Investors May Initiate CCAA Proceedings, Broadening Standing And Reshaping Strategy For Stakeholders.

Canada Insolvency

F

Fasken

Cannabis & Chapter 15: A New Path Through Bankruptcy (Video)

United States Insolvency

LS

Lowenstein Sandler

School’s Back In Session: Special Asset Summer School Returns

United States Insolvency

Wa

Ward and Smith, P.A.

Chapter 11 And CCAA: A Cross-Border Comparison

Canada Insolvency

BC

Blake, Cassels & Graydon LLP

Comparative Table: Close-out Netting And Set-off Provisions Comparison Between Jurisdictions

Worldwide Insolvency

CO

Carey Olsen

When Good Science Meets Financial Distress: Practical Steps For Life Sciences Companies

United States Insolvency

PB

Porzio, Bromberg & Newman

First Detailed RVO Opinion In The Second Circuit: In Re Iovate Health Sciences International Inc.

United States Insolvency

PF

Pierson Ferdinand LLP

Equipment Lessors vs. Insolvent Lessees: The Battle Over The Stay

Canada Insolvency

BM

Blaney McMurtry LLP

Independent Obligations Endure: CCAA Releases Don’t Extinguish Surety Indemnity Claims

Canada Insolvency

BL

Borden Ladner Gervais LLP

UPC Central Division Revokes Patent Covering Covid-19 Treatment Remdesivir

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Foreign Agent Crackdown Continues: Chinese Operative In NY Convicted

United States Government

BI

Buchanan Ingersoll & Rooney PC

Ambiguity Of Measurement Conditions For Relevant Chemical Property Leads To Federal Circuit Affirming Noninfringement Of Epoprostenol Patents

United States IP

DM

Duane Morris LLP

U.S. Supreme Court Narrows Government-Contractor Defense – What Federal Construction And Infrastructure Contractors Must Know

United States Government

DM

Duane Morris LLP

Raising Or Resolving Importers’ Questions – Effects Of Section 122 Tariff Litigation

United States International

BI

Buchanan Ingersoll & Rooney PC

See more

Related Country Guides

Restructuring & Insolvency

Insolvency/Bankruptcy

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

Recent Developments In Cross-Border Restructuring Under Chapter 15 Of The Bankruptcy Code

Multi-national companies continue to grow and expand their global networks, with subsidiaries, assets, creditors, and contracts spanning across multiple jurisdictions, and the need for a coherent legal process to coordinate insolvency proceedings across borders has grown correspondingly.

United States Insolvency

AP

Arnold & Porter

ABCs In Restructuring: A New Act For An Old Tool Poised For Broad Adoption

The Uniform Assignment for Benefit of Creditors (ABC) Act aims to modernize and standardize a debtor-initiated, state-law liquidation mechanism where financially distressed debtors...

United States Insolvency

LS

Lowenstein Sandler

The Plaintiff Receiver: Ontario Court Affirms Application Of Single Proceeding Model To Connected Third-Party Claims

AB

Aird & Berlis LLP

Delaware District Court Affirms Enforcement Of Nonconsensual Releases Under Chapter 15

United States Insolvency

KL

Herbert Smith Freehills Kramer LLP

Ready Player Three: Alberta Court Of Appeal Recognizes Equity Investor Standing To Initiate CCAA Proceedings

Canada Insolvency

F

Fasken

My Partners And I Can’t Agree On Anything — What Are Our Options?

United States Commercial

RL

Russo Law

Alberta Court Of Appeal Confirms Equity Investors May Initiate CCAA Proceedings, Broadening Standing And Reshaping Strategy For Stakeholders.

Canada Insolvency

F

Fasken

Cannabis & Chapter 15: A New Path Through Bankruptcy (Video)

United States Insolvency

LS

Lowenstein Sandler

See more

Financial Restructuring

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

Recent Developments In Cross-Border Restructuring Under Chapter 15 Of The Bankruptcy Code

Multi-national companies continue to grow and expand their global networks, with subsidiaries, assets, creditors, and contracts spanning across multiple jurisdictions, and the need for a coherent legal process to coordinate insolvency proceedings across borders has grown correspondingly.

United States Insolvency

AP

Arnold & Porter

Trigger Rates In Canada: What Does This Mean For Canadian Mortgagors And Mortgage-backed Securities?

As the Bank of Canada's interest rate hikes push variable-rate mortgages past trigger rates and trigger points, many Canadian homeowners face mounting payment pressures reminiscent of the 2008 financial crisis.

MT

Miller Thomson LLP

ABCs In Restructuring: A New Act For An Old Tool Poised For Broad Adoption

United States Insolvency

LS

Lowenstein Sandler

The Plaintiff Receiver: Ontario Court Affirms Application Of Single Proceeding Model To Connected Third-Party Claims

AB

Aird & Berlis LLP

Delaware District Court Affirms Enforcement Of Nonconsensual Releases Under Chapter 15

United States Insolvency

KL

Herbert Smith Freehills Kramer LLP

The CFO’s Role In Private Equity–backed Turnaround Situations

United States Commercial

GGI Global Alliance

Cannabis & Chapter 15: A New Path Through Bankruptcy (Video)

United States Insolvency

LS

Lowenstein Sandler

When Good Science Meets Financial Distress: Practical Steps For Life Sciences Companies

United States Insolvency

PB

Porzio, Bromberg & Newman

See more

Latest Videos

See more

Opt-Out Or Opt-In: Third-Party Releases After Azul (Video)

LS

Lowenstein Sandler

Referral Networks, Market Uncertainty And "Pipeline To Prosperity": A Conversation With TMA Chicago/Midwest Chapter President Sandy Prabhakar (Podcast)

KM

Katten Muchin Rosenman LLP

TMA Chicago/Midwest Podcast Hosted By Paul Musser | Chapter President Sandy Prabhakar On Referral Networks, Market Uncertainty And "Pipeline To Prosperity"

KM

Katten Muchin Rosenman LLP

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

BS

Ballard Spahr LLP

Consent To Judgment In Ontario Debt Matters Explained (Video)

DS

Devry Smith Frank LLP

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