News & Analysis as of

Foreign Corporations Chapter 15

McDermott Will & Emery

The Evolution of Cross-Border Restructuring Processes

It’s a small world, and particularly for global companies considering restructuring. Transactions rely increasingly on international synergies. Are you up to date on the details of cross-border processes? Mark Fine, Bradley...more

Jones Day

No Comity Extended to Foreign Bankruptcy Without Chapter 15 Recognition

Jones Day on

U.S. courts have a long-standing tradition of recognizing or enforcing the laws and court rulings of other nations as an exercise of international "comity." Prior to the enactment of chapter 15 of the Bankruptcy Code in 2005,...more

Dechert LLP

Exelco’s US Chapter 11 Case Dismissed in Favor of Belgian Proceeding

Dechert LLP on

The Delaware Bankruptcy Court recently dismissed a Chapter 11 bankruptcy case pending before it and recognized, under Chapter 15 of the Bankruptcy Code, the debtor’s bankruptcy proceeding in Belgium. Exelco NV (“Exelco”), a...more

WilmerHale

Coming to America? Applying Bankruptcy Code Section 109( a) to Vet Foreign Companies Filing US Bankruptcy Cases Under Chapter 15

WilmerHale on

Chapter 15 of the US Bankruptcy Code provides a doorway for non-US companies to obtain creditor protection and other benefits of a US bankruptcy in support of insolvency proceedings for those companies in their “home”...more

Cole Schotz

New Delaware Chapter 15 Filing – Abengoa Concessions Investments Limited

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Anders Christian Digemose, the foreign representative of Abengoa Concessions Investments Limited (“ACIL”) in a proceeding under Part I of the United Kingdom’s Insolvency Act of 1986, has filed a petition for recognition of a...more

Cole Schotz

New Delaware Chapter 15 Filing – Catalyst Paper Corporation

Cole Schotz on

Catalyst Paper Corporation and thirteen of its affiliates and subsidiaries filed petitions for relief this morning under Chapter 15 of the Bankruptcy Code (Case No. 16-12419). The Debtors are seeking recognition of a foreign...more

Cole Schotz

New Delaware Chapter 15 Filing – Altos Hornos de México, S.A.B. de C.V.

Cole Schotz on

Francisco Javier Gaxiola Fernández, the foreign representative of Altos Hornos de México, S.A.B. de C.V. (the “Debtor”) in a proceeding under Mexico’s Bankruptcy and Suspension of Payments law pending before the First Civil...more

Cole Schotz

New Delaware Chapter 15 Filing – Toshiba Samsung Storage Technology Korea Corporation

Cole Schotz on

Toshiba Samsung Storage Technology Korea Corporation has commenced a case (Case No. 16-11602) under Chapter 15 of the Bankruptcy Code by filing a petition with the U.S. Bankruptcy Court for the District of Delaware....more

Cole Schotz

New Delaware Chapter 15 Filing – Abengoa, S.A.

Cole Schotz on

Christopher Morris, the foreign representative of Abengoa, S.A. (Nasdaq: ABGB), a debtor in a foreign proceeding pending in Spain, and 24 affiliates have filed a chapter 15 petitions before the United States Bankruptcy Court...more

Cole Schotz

New Delaware Chapter 15 Filing – Eastern Continental Mining and Development Ltd.

Cole Schotz on

Ninos Koumettou, the foreign representative of Eastern Continental Mining and Development Ltd. has filed a chapter 15 petition before the United States Bankruptcy Court for the District of Delaware (Case No. 16-10121-BLS)... ...more

Cole Schotz

New Delaware Chapter 15 Filing – FC Windenergy GmbH

Cole Schotz on

Holger Blümle, the insolvency administrator and foreign representative of FC Windenergy GmbH, which owns and operates wind farms, has commenced a case (Case No. 16-10056 (MFW)) under Chapter 15 of the Bankruptcy Code by...more

King & Spalding

OAS UPDATE: Bankruptcy Court Grants Limited Temporary Relief in Chapter 15 Case

King & Spalding on

Background: Grupo OAS, a Brazilian construction conglomerate linked to a massive corruption scandal (“OAS”), filed for Chapter 15 creditor protection in the Bankruptcy Court for the Southern District of New York on April 15,...more

Blank Rome LLP

The Gateway to Chapter 15: An Evolving Issue

Blank Rome LLP on

Chapter 15 of the United States Bankruptcy Code is a relatively recent addition to the American bankruptcy statute and it incorporates the United Nations Commission on International Trade Law Model Law on Cross-Border...more

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