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The Evolution of Corporate Rescue in Canada and the United States

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...

22 November 2021

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Jassmine Girgis

Corporate Liquidation Proceedings in Ecuador: The Recapitalize or Liquidate Rule in Times of COVID-19

The international spread of the COVID-19 is an unprecedented threat to the global economy. In our view, the current Ecuadorian corporate legislation, due to its archaic nature, will certainly not...

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Esteban Ortiz Mena

Paúl Noboa-Velasco

Recouping Liquidation Costs through Litigation against Directors—a Dubious Practice

In the last few years there had sprung up in New Zealand a series of first instance cases where judges had acceded to pleas by liquidators that the damages for...

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Promoter buy-back in insolvency: ‘Phoenixing' in India

Should the promoter (owner) of an insolvent company be allowed to buy back its assets or business through another company at a steep discount? This question has been at the...

15 December 2017

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Increased Threshold to Trigger Directors' Liability in Insolvency Scenario?

IntroductionThe Sapin II Act of November 8 2016 amended the regime governing directors' liability in an insolvency scenario in order to encourage the recovery of honest directors of failed businesses.Article...

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Losing Sight of Certainty: An Analysis of New Zealand's Voidable Transaction Regime in Light of Fisk v. McIntosh

In March 2016, the New Zealand Court of Appeal in McIntosh v Fisk [2016] NZCA 74 upheld a 2015 High Court decision that was brought by the liquidators...

26 January 2017

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