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Must Foreign Debtors Have U.S. Property to be Eligible for Relief under Chapter 15?

Chapter 15 of the U.S. Bankruptcy Code provides a streamlined process for recognition (a form of comity) of a foreign insolvency proceeding. However, courts are divided as to whether a foreign debtor must satisfy the general...more

Fundamental Procedural Fairness: The Sine Qua Non for the Enforcement of Third-Party Releases Authorized in a Foreign Proceeding

Third-party releases have perennially been a hot-button issue in U.S. chapter 11 reorganization cases and have resulted in additional scrutiny in the context of chapter 15 cases, where such releases are included in a foreign...more

Protecting the Supply Chain: U.S. Government Studies the Role of Federal Agencies in Ocean Carrier Bankruptcies

In December 2018, the Frank LoBiondo Coast Guard Authorization Act (the “LoBiondo Act”) was enacted to, among other things, improve and support the operation and administration of the Coast Guard and update maritime and...more

MAINBRACE: November 2019

Note from the Editor - As another year comes to a close, it is a perfect opportunity to evaluate the challenges and opportunities that we faced—and hopefully, embraced and overcame—as well as the goals we will set for the...more

MAINBRACE: April 2019

Note from the Editor - Spring seems to be upon us, at last. Perhaps we have no right to complain about the weather, but that has never stopped us! It seems like our New York, Washington, D.C., and Philadelphia offices...more

UNCITRAL’s Model Law on Recognition and Enforcement of Insolvency-Related Judgments – A Universalist Approach to Cross-Border...

In its July 2018 session, UNCITRAL adopted and promulgated the Model Law on Recognition and Enforcement of Insolvency-Related Judgments (“MLIRJ”). The MLIRJ has been developed over the last four years by UNCITRAL’s Working...more

QuadrigaCX’s Insolvency: Problems in Tracing and Recovering Cryptocurrency When Keys Stored in Cold Wallets Are Missing

The implementation of compliance protocols for private keys of cryptocurrencies is of the utmost importance for companies that hold custody of cryptocurrencies, as highlighted by the recent, untimely death of QuadrigaCX’s CEO...more

Breaking New Ground in U.S. Cross-Border Insolvency Law

Russian Insolvency Proceedings Recognized under Chapter 15 of the United States Bankruptcy Code - Blank Rome LLP’s bankruptcy team has the distinction of representing foreign representatives of Russian debtors in two...more

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