Cross Border and International
Content related to Chapter 15, and other international insolvency matters
A Primer on the Chapter 15 Global Chess Game
This article provides a base level of familiarity through a brief discussion of recent cases addressing debtor eligibility and foreign case recognition concepts under chapter 15.
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Afghanistan Insolvency and Bankruptcy Law, 2018
While there had been provisions in Afghanistan law that dealt with insolvency, they were generally unknown even among lenders. Thus, Afghanistan needed a new bankruptcy law.
The Foreign Representative and the Start of a Chapter 15 Case
Understanding the role of the Foreign Representative is the key to a successful Chapter 15 case.
In re Thane: If It Walks Like a Duck and Quacks Like Duck, It Still Might Not Be an Assumed Contract
In conjunction with a § 363 sale, do not make any assumptions that certain contracts have been impliedly assumed, even if the buyer’s course of conduct might indicate that.
Reverse Fraudulent Transfer Claim: Venezuela and Disputes Over Gold
Venezuela insisted that the Crystallex judgment would never be paid so it engineered a “reverse fraudulent transfer” to take assets out of the U.S. and back to Venezuela to avoid creditor claims.
Tax Reform for Restructuring Lawyers
[T]here are a number of provisions that restructuring lawyers should be aware of in the once-in-a-generation tax reform bill signed by President Trump on Dec. 22, 2017.
Chapter 15 Filings, 2006-17
Chapter 15 bankruptcy filings from 2006-17.
Hanjin Sends Emergency S.O.S: Provisional Relief in § 1519(a) of the U.S. Bankruptcy Code
International companies are increasingly using chapter 15 of the U.S. Bankruptcy Code to implement cross-border restructurings.
New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
Third Circuit Joins Other Circuits in Holding WARN Act Exception’s Standard Is “Probable,” not “Possible”
Russian bank's involvement in Eclipse Aviation case leads court to adopt a new standard that "strikes an appropriate balance" in WARN Act protection cases.
Canadian Recognition of U.S. Bankruptcy Proceedings: Not Always a Rubber Stamp for First-Day Orders
Moreover, foreign recognition of first-day orders in cross-border insolvencies, particularly in Canada-U.S. ones, have been dealt with in a context of a high degree of mutual deference and collaborati
Rochelle Discusses Cross-Border Cases with Allan Gropper
ABI Editor-at-Large Bill Rochelle discusses cross-border cases with Hon Allan L. Gropper, U.S. Bankruptcy Judge (ret.) from the Southern District of New York.
Bloomberg News - Eye On Bankruptcy Presentation: Brazil's Economic Problems
Bill Rochelle discusses the troubled Brazilian economy with Fabio Vassel (Banco Brasil Plural) and Luis DeLucio (Alvarez and Marsal) at a 2015 ABI Cross-Border Bankruptcy Workshop.