Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation

At first glance, Chapter 15 might appear to have the relatively minor role of staying actions against U.S. assets while the main foreign proceeding moves forward. However, as one recent case out of the Southern District of New York demonstrates, Chapter 15 carries the potential to significantly impact not only the main foreign bankruptcy, but civil litigation in the United States as well.

9 minute read January 01, 2022 at 12:07 AM
By
Francis J. Lawall and Patrick M. Ryan
Chapter 15 Can Impact Foreign Bankruptcy As Well As Domestic Civil Litigation

When a debtor that is subject to a foreign insolvency proceeding holds assets, contracts or other rights in this country, it requires a mechanism to ensure that it can deal with creditor claims in a manner consistent with the foreign restructuring regime.

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