In brief This alert considers recent developments in the US Chapter 15 aspect of cross-border insolvencies that may lead to less “COMI-shifting” — a debtor establishing its COMI (center of main interest) in a new jurisdiction where it decides to file its insolvency proceeding. COMI-shifting can be expensive and time-consuming. Companies seeking recognition of foreign proceedings under Chapter 15 of the US Bankruptcy Code may find it easier to obtain broad relief, even if the…
Latest Posts
- International: Chapter 15 Bankruptcy Update — Broad relief may be available upon recognition without establishing COMI in the jurisdiction of the foreign proceeding
- Hong Kong: Judicial guidance on schemes of arrangement in cross-border insolvencies
- INSOL London 2022: Developing a Rescue Finance Market – Straight from the Investor’s Mouth
- United States: Buyer Beware! Not All Modifications to An Asset Purchase Agreement Are Created Equal; Any Material Modifications Should be Meaningfully Disclosed to the Bankruptcy Court and Parties in Interest
- Hong Kong: Common law regime for recognizing and assisting foreign insolvency officeholders reconsidered
- Germany: The New European Restructuring Schemes – Update May 2022
- Hong Kong: To vote or not to vote – Clarity on the interpretation of Rule 2.10 of the Takeovers Code and the Constitution of Court Meetings for a Hong Kong Privatization Scheme of Arrangement
- Hong Kong: Minding the GAP – General Adjournment of Proceedings (GAP) of Hong Kong courts during the latest COVID-19 wave
Recent
In brief On 27 May 2022, the Honorable Mr. Justice Harris sanctioned a scheme of arrangement introduced by…
This panel discussion at INSOL London 2022, moderated by Debra Dandeneau, Chair of the Global Restructuring & Insolvency…
Introduction The United States District Court for the Southern District of New York recently upheld a bankruptcy court…
In brief On 6 May 2022, the Honorable Madam Justice Linda Chan granted a petition for the winding-up…
In brief Snapshot on the status of implementation of the EU Restructuring Directive in selected Member States and…
In brief The Hong Kong court has delivered an important judgment on the interpretation of Rule 2.10 of…