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
Heads Or Tails: Structuring For Bankruptcy Remoteness In Digital Assets, The View From The BVI
Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.
British Virgin Islands Insolvency
W
Walkers
Article
Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition
A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.
United States Insolvency
DM
Duane Morris LLP
Article
Restructuring Plans: An Emerging Alternative To Chapter 11 For US Companies?
UK restructuring plans have emerged as a powerful alternative to US Chapter 11 bankruptcy, offering unique advantages for distressed companies including preservation of stock listings, favorable voting thresholds, and the ability to implement non-consensual third-party releases. Recent cases involving US-based companies like Argo Blockchain, Fossil Group, and New Fortress Energy demonstrate how strategic forum shopping and flexible creditor treatment can achieve successful cross-border restructurings.
United States Insolvency
KM
Katten Muchin Rosenman LLP
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Related Country Guides

RI
Restructuring & Insolvency

Financial Restructuring

Article
Restructuring Plans: An Emerging Alternative To Chapter 11 For US Companies?
UK restructuring plans have emerged as a powerful alternative to US Chapter 11 bankruptcy, offering unique advantages for distressed companies including preservation of stock listings, favorable voting thresholds, and the ability to implement non-consensual third-party releases. Recent cases involving US-based companies like Argo Blockchain, Fossil Group, and New Fortress Energy demonstrate how strategic forum shopping and flexible creditor treatment can achieve successful cross-border restructurings.
United States Insolvency
KM
Katten Muchin Rosenman LLP
See more

Insolvency/Bankruptcy

Article
Heads Or Tails: Structuring For Bankruptcy Remoteness In Digital Assets, The View From The BVI
Digital asset structures can achieve bankruptcy remoteness if properly designed, but success depends on whether customers hold true proprietary rights or merely contractual claims. This analysis examines how courts distinguish between these positions when exchanges, custodians, or brokers become insolvent, and what operational realities determine whether client assets fall outside the insolvent estate.
British Virgin Islands Insolvency
W
Walkers
See more

Latest Videos

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