Oxford Business Law Blog

In a new paper, ‘Selective Corporate Restructuring Strategy’, we engage with a fundamental, but under-theorized fact: that frequently in modern corporate restructuring only selected creditors are...

‘Prepare for a rising surge in insolvencies!’ Or so the predictions went in 2020 when much of the UK (and indeed global) economy shut down as the coronavirus pandemic took hold. But as 2021 draws to...

Firms filing for Chapter 11 bankruptcy often simultaneously arrange ‘debtor-in-possession’ (DIP) financing. It has been shown that DIP financing is central to the preservation of the going-concern...

This chapter explores the evolution of corporate rescue in both Canada and the U.S. The timing and specific circumstances surrounding the enactment of corporate rescue legislation were different in...

The COVID-19 crisis has encouraged many countries to amend their insolvency laws. In most cases, these amendments took place temporarily—especially during the hibernation phase of the pandemic. In...

The COVID-19 pandemic obviously caused massive disruption in the global economy, and both advanced economies and emerging economies/developing countries (EMDEs) alike experienced major economic...

As the first EU text regulating substantive insolvency law, the European Directive on Preventive Restructuring and Insolvency is a remarkable achievement towards the modernization of insolvency and...

In 2017, Singapore adopted sweeping reforms to its insolvency regime aimed at increasing Singapore’s attractiveness as a regional restructuring hub. Central to these reforms is the transplantation (...

Successfully restructuring a business in financial distress requires that there be sufficient remaining value to justify saving it. Traditional corporate rescue and restructuring laws were focused on...

The last week of March 2019 will be of unparalleled suspense for the European (cross-border) insolvency community. Only one day before the originally planned Brexit date, the European Parliament will...

Modernised and consolidated insolvency rules have been laid in Parliament and will replace thhe Insolvency Rules 1986 and their 28 subsequent amendments. The new rules will come into force on 6 April...

Insolvency law is at the center of many important issues arising in the current context of economic stagnation, the crisis of the banking sector in some EU member States and the corporate debt crisis...

This post summarises the key findings of my article 'Director Penalty Notices – Promoting a Culture of Good Corporate Governance and of Successful Corporate Rescue Post Insolvency'. The Australian...

This post comes to us from Squire Patton Boggs. It has been authored by Helen F. Kavanagh. This post was also published here. The English Court has recently considered who can be recognised as ‘...

During the last few years, several EU Member States have amended their Insolvency Laws in order to provide market participants with an appropriate pre-insolvency restructuring framework. This...

The UK Government has launched a consultation seeking views on proposals to review the corporate insolvency framework. The Government is consulting on four proposals: (a) creating a new moratorium, (...

The ‘new approach to business failure’ is influencing tax law. When a taxable entity is distressed, Member States now enjoy flexibility in collecting VAT debts in order to facilitate rescue and to...

Two initiatives have recently been undertaken to harmonise by means of a directive some aspects of the substantive insolvency laws of the Member States. These initiatives are: a) the EU Commission’s...