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.
Article
Monitor Your Approval: Canacol Clarifies The Limits Of Report Approval Orders
In Canacol Energy Ltd. (Re) (“Canacol”), the Court of King’s Bench of Alberta (the “Court”) considered the proper scope of an order approving a monitor’s report and activities where the report addressed allegations that remained disputed and could be advanced in related Colombian proceedings.[1] The Court confirmed that interim approvals serve important purposes in insolvency proceedings, but cautioned that approval should not inadvertently determine—or appear to determine—issues that have not been adjudicated.
Canada Insolvency
F
Fasken
Article
La Reestructuración Financiera: Una Herramienta para el Éxito en la Preservación de Empleos y la Calidad de Servicios de Salud
Puerto Rico's hospital industry faces unprecedented financial pressures from Medicaid cuts, payment delays, and operational challenges. Strategic financial restructuring under Chapter 11 bankruptcy offers a proven path to preserve jobs, maintain patient care, and position hospitals for sustainable growth rather than accepting gradual decline.
Puerto Rico Insolvency
PB
Porzio, Bromberg & Newman
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Article
Holdback Deficiencies And Mortgage Priority: Court Of Appeal For Ontario Clarifies S. 78(2) Of The Construction Act
The Court of Appeal for Ontario has resolved a critical uncertainty in construction law regarding how holdback deficiencies should be calculated when owners fail to retain statutory holdbacks. The decision addresses whether contractors who have already been paid can claim additional priority over construction mortgages, and establishes important boundaries to prevent double recovery while balancing the interests of all parties in the construction pyramid.
Canada Real Estate
AB
Aird & Berlis LLP
Article
The Art Of Foreclosure: Applying Sun Tzu’s 6th Century Principles To 21st Century Asset Recovery
Drawing from Sun Tzu's ancient military treatise, this article explores strategic approaches lenders can employ when commercial loans default, examining how timeless principles of warfare apply to the modern lender-borrower relationship. The piece outlines tactical considerations for asset recovery, from initial assessment through workout negotiations, emphasizing the importance of preparation, flexibility, and cost-effective resolution strategies.
United States Finance
B
Bracewell
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Article
The Art Of Foreclosure: Applying Sun Tzu’s 6th Century Principles To 21st Century Asset Recovery
Drawing from Sun Tzu's ancient military treatise, this article explores strategic approaches lenders can employ when commercial loans default, examining how timeless principles of warfare apply to the modern lender-borrower relationship. The piece outlines tactical considerations for asset recovery, from initial assessment through workout negotiations, emphasizing the importance of preparation, flexibility, and cost-effective resolution strategies.
United States Finance
B
Bracewell
Video
A Firmwide Commitment: Pro Bono As Core Work Across Every Practice (Video)
Lowenstein lawyers and business services professionals discuss the firm's comprehensive pro bono program, demonstrating how attorneys across all practice areas—from white collar defense to real estate—contribute to matters serving individuals, nonprofits, and communities. The video explores how pro bono work provides meaningful opportunities for client interaction, hands-on responsibility, and professional development while receiving the same attention as billable client matters.
United States Commercial
LS
Lowenstein Sandler
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