Bringing Avoidance Actions Against Foreign Transferees: Choice of Forum, Personal Jurisdiction, Discovery and More

Best Practices for Debtors-in-Possession, Trustees, Authorized Committees and Liquidating Agents to Recover Foreign Assets

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, January 25, 2017

Recorded event now available

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Program Materials

This CLE webinar will instruct bankruptcy estate representatives on how to recover assets from foreign defendants/transferees. The program will discuss key issues counsel must consider in pursuing foreign assets, including personal jurisdiction, choice of law, discovery tools, and enforcement of judgments, as well as the potential pitfalls and challenges.

Description

In today’s global economy, it is increasingly commonplace for bankruptcy estate representatives to be faced with the decision to pursue U.S. avoiding powers against foreign transferees.

Avoidance actions against foreign defendants can be filed in the U.S., the defendant’s home country or another country where the defendant holds assets. Debtors-in-possession, trustees, authorized committees and liquidating agents must consider a number of issues in choosing the appropriate forum.

Key issues include obtaining personal jurisdiction over the foreign defendant in U.S. courts; ensuring that U.S. avoidance law is applied, whether in the U.S. or a foreign court; overcoming discovery challenges when records or witnesses are not located in the U.S.; and getting a foreign court to recognize and enforce judgments obtained in a U.S. court.

Listen as our authoritative panel of bankruptcy practitioners discusses the framework for bankruptcy debtors-in-possession, trustees, authorized committees or liquidating agents to recover assets from foreign transferees. The panel will look at key issues in pursuing foreign assets, including personal jurisdiction, choice of law, discovery tools, and enforcement of judgments.

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Outline

  1. Personal jurisdiction
  2. Choice of law
  3. Discovery tools
  4. Enforcement of judgments

Benefits

The panel will review these and other key issues:

  • What must the bankruptcy representative establish to obtain personal jurisdiction over the foreign defendant in U.S. courts?
  • What choice of law principles will determine whether the transfer in question is subject to U.S. avoidance laws?
  • What discovery challenges face estate representatives when records or witnesses are not located in the U.S.?
  • What challenges face estate representatives in convincing a foreign court to recognize and enforce a judgment issued by a U.S. court?

Faculty

Richard J. Mason
Richard J. Mason

Partner
McGuireWoods

Mr. Mason represents significant business interests in transactions and litigation, with a strong concentration in...  |  Read More

Timothy Graulich
Timothy Graulich

Partner
Davis Polk & Wardwell

Mr. Graulich has substantial experience in a broad range of domestic and international restructurings, including the...  |  Read More

Christopher J. Redmond
Christopher J. Redmond

Partner
Husch Blackwell

Mr. Redmond is a leading authority on cross-border bankruptcy and international litigation. He represents secured...  |  Read More

Patricia K. Smoots
Patricia K. Smoots

Senior Counsel, Moderator
McGuireWoods

Ms. Smoots focuses her practice on commercial, bankruptcy and insolvency-related litigation, commercial litigation...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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