Patrick Archambault Contributes to The Business Lawyer’s White Paper on Bankruptcy Remoteness

Patrick Archambault recently contributed to The Business Lawyer’s white paper on bankruptcy remoteness, titled "Bankruptcy Remoteness: A Summary Analysis" by the Committee on Securitization and Structured Finance, ABA Business Law Section. The publication provides a summary analysis of certain fundamental legal concepts underlying “bankruptcy remoteness,” such as special purpose vehicles, substantive consolidation, and true sale, including the impact of certain recent judicial decisions, in order to provide a framework for assessing the extent to which an entity can be structured to be “bankruptcy remote” without running afoul of federal bankruptcy law. The full report was published in the fall 2022 issue of The Business Lawyer. Patrick worked on the section titled “Section (iv) Unanimity Requirements for Bankruptcy Filings: Golden Shares,” which discusses the enforceability of an equity interest commonly referred to as a “golden share.”


To read the full publication, please click here.