IBA Annual Conference Toronto 2025
2 Nov - 7 Nov 2025
Session information
A multi-jurisdictional review of restructuring tools: can the company be saved?
Thursday 6 November (1430 - 1545)
Committee(s)
Insolvency Section
(Lead)
Description
Can restructuring tools really save corporate entities, and if they can, at what price to the junior creditors?
This panel will consider a number of different restructuring tools in a number of different jurisdictions and consider:
• the use of reverse vesting orders;
• how are assets transferred and liabilities compromised?;
• the involvement of the courts;
• the increasing use of cross cram down powers in restructuring plans;
• how courts approach the sharing of the restructuring surplus;
• treatment of “ out of the money” creditors;
• treatment of junior creditors who object to restructuring proposals.
The panel will have speakers from a number of jurisdictions including Canada, the United States, South Korea, and Chile who will comment on the restructuring tools in their jurisdictions.
Session / Workshop Chair(s)
Tushara Weerasooriya | McMillan, Toronto, Ontario, Canada; Annual Conference Officer, Insolvency Section |
Speakers
Brett Axelrod | Fox Rothschild, Las Vegas, Nevada, USA |
Sy Nae Kim | Yulchon LLC, Seoul, South Korea |
Emily Paplawski | Osler Hoskin & Harcourt LLP, Calgary, Alberta, Canada |
Ricardo Reveco | Carey y Cia, Santiago, Chile; Co-Chair, Restructuring and Workouts Subcommittee |