For several decades, domestic international bankruptcy laws in many countries are becoming more similar – convergence – and have been changing from a liquidation model to a rescue model. In a liquidation model, the failing of the business is assumed to be the consequence of fraud and mismanagement, and early displacement of management, liquidation of assets under supervision, and distribution of the proceeds to creditors honors creditors rights and protects creditors from further loss.

In April 2018, the United States Supreme Court approved rule changes to both the Federal Rules of Civil Procedure (the Civil Procedure Rules) and the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules). The rule changes became effective on December 1, 2018. While the modifications are not as monumental as those made in previous years, one set of changes, focusing on electronic service, will certainly impact the day-to-day practice for bankruptcy professionals.

Although they disagree about the severity, economists and market watchers generally agree that the U.S. economy is headed for a slow-down. According to data from the Federal Reserve Bank in St. Louis, industrial production and retail sales are at all-time highs, exceeding levels seen before the 2008 recession. Unemployment rates are at the lowest levels since November 2000. So why the gloomy predictions for 2019 and beyond? Historically, retail sales, industrial production and employment are at their peaks right before a recession.