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Insolvency Cross-Border COMI

Jones Day

Delaware Bankruptcy Court: "Center of Main Interests" for Purposes of Chapter 15 Recognition Must Be Determined on...

Jones Day on

Determining a foreign debtor's "center of main interests" ("COMI") for purposes of recognizing a foreign bankruptcy proceeding in the United States under chapter 15 of the Bankruptcy Code can be problematic in cases...more

Hogan Lovells

Hong Kong court highlights COMI over place of incorporation when recognising foreign insolvency processes

Hogan Lovells on

The Hong Kong court has confirmed that – going forward – the court is ready to recognize and assist a foreign insolvency process conducted in the company’s center of main interests (COMI) and that it will no longer be...more

WilmerHale

At the Edge of the Universe: Are Chapter 15’s Principles of ‘Universalism’ Too Parochial for the Realities of Today’s Global...

WilmerHale on

Two recent bankruptcy court decisions - In re Serviços de Petróleo Constellation SA1 and In re Agrokor d.d.2 - demonstrate the increasing complexity of applying basic chapter 15 principles of “universalism” to global...more

Jones Day

Cross-Border Bankruptcy Update: COMI Migration and Illegitimate COMI Manipulation Distinguished

Jones Day on

With the significant increase in cross-border bankruptcy and insolvency filings in the 43 nations or territories that have adopted the UNCITRAL Model Law on Cross-Border Insolvency (the "Model Law"), including the U.S., the...more

Hogan Lovells

Court permits strategic transfer of Center of Main Interests (COMI) in Chapter 15 Case

Hogan Lovells on

The bankruptcy court in In re Ocean Rig UDW Inc., 17-10736 (Bankr. S.D.N.Y. Aug. 24, 2017) determined that a decision by an offshore drilling company from the Republic of the Marshall Islands (RMI) to shift its Center of...more

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