Cross-Border Insolvency Proceedings: A Different Chapter of the Bankruptcy Code with a Different Plot

Time: Monday, October 11, 2021 - 9:00am to 10:00am
Level: Intermediate/Advanced

About

We will discuss both the process and procedures for insolvency proceedings that commenced outside of the United States and the use of Chapter 15 of the Bankruptcy Code to obtain significant relief in the United States without the necessity of filing a full-blown Chapter 11 case. While Chapter 15 is available in connection with insolvency proceedings around the world, we will concentrate on our neighbors to the North and the South which involve several recent energy industry cases, including Just Energy that filed in Canada in the wake of the severe Texas winter storm. We will talk about the requirements to obtain recognition of a foreign proceeding and the relief that is available to a foreign debtor and its representatives under Chapter 15. We will also highlight how far some companies attempt to push the envelope through a Chapter 15 filing.

1 hr CLE

Objectives

  • Understand the requirements to obtain recognition of a foreign proceeding and the relief that is available to a foreign debtor and its representatives under Chapter 15.