The recent decision in In re National Bank of Anguilla (Private Banking Trust) Ltd.1 may cause readers to do a double-take. First, it is co-authored by two bankruptcy judges: Hon. Stuart M. Bernstein and Hon. Martin Glenn. Second, it arises from two separate lawsuits filed by a foreign representative for two separate foreign debtor entities, each of which is subject to its own administration proceeding in Anguilla. Third, each of the Anguilla foreign debtors is subject not only to one U.S. chapter 15 case, but also a second U.S. chapter 11 case. These tandem facts are tough to wrangle, but they also provided an opportunity for the New York bankruptcy court to explain a coordinated vision for the application of international comity principles in cross-border insolvencies.

Originally published in the ABI Journal - August, 2018.