Chapter 15 and Cross-Border Bankruptcies: Representing Foreign and U.S. Debtors and Creditors
Navigating COMI, Foreign Representatives, Asset Recovery, Discovery, Multiple Jurisdictions
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will examine the complex issues facing restructuring and bankruptcy practitioners in cross-border actions filed under Chapter 15. The panel will discuss COMI issues, authority of foreign representatives, concurrent insolvency proceedings, asset recovery, discovery and more.
- The cross-border framework—the UNCITRAL Model Law on Cross-Border Insolvency
- Chapter 15 and the principle of comity
- Authority of the foreign representative in a Chapter 15 case
- COMI migration/COMI manipulation
- Issues to consider in multi-jurisdictional cases
- Discovery under Chapter 15
- Asset recovery—U.S. and abroad
The panel will review these and other key issues:
- What are the underlying principles of Chapter 15, and how do they contrast with Chapter 11?
- When is a foreign representative similar to a debtor in possession in a cross-border case?
- What factors are considered by a court in approving COMI migration?
- What are some of the additional challenges to asset recovery in a cross-border case?
- How does Chapter 15 discovery differ from Chapter 11 discovery?
Shane G. Ramsey
Partner and Vice Chair, Bankruptcy
Nelson Mullins Riley & Scarborough
Mr. Ramsey regularly represents committees of unsecured creditors, indenture trustees, secured creditors,... | Read More
Mr. Ramsey regularly represents committees of unsecured creditors, indenture trustees, secured creditors, unsecured creditors, bondholders, noteholders, liquidation trustees, plan administrators, disbursing agents, and other entities in bankruptcy reorganizations, liquidation proceedings, and bankruptcy related litigation. His business litigation experience includes contract disputes, business torts, breach of fiduciary duties, officer and director liabilities, and other general litigation matters.Close
Jeffrey A. Liesemer
Caplin & Drysdale
Mr. Liesemer's practice focuses on complex civil and commercial litigation, with an emphasis in bankruptcy,... | Read More
Mr. Liesemer's practice focuses on complex civil and commercial litigation, with an emphasis in bankruptcy, international insolvency and creditors' rights cases. Prior to joining the firm, his practice focused on complex Chapter 11 bankruptcy reorganizations and insolvency workouts, in which he represented corporate and partnership debtors as well as large, institutional creditors and lenders. He has also been involved in representing creditors' committees, third-party asset purchasers, and shopping-center landlords in large bankruptcy reorganizations and liquidations.Close
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