Articles 2021

Today
Today

US Court limits Chapter 15 Relief to Foreign Debtors Having a Nexus to US

  • February 13, 2014
  • David F. Heroy, Jacob Kaplan and Erin Elizabeth Broderick

In December, the US Court of Appeals for the Second Circuit (NY) unanimously held that US bankruptcy courts may not recognize a foreign insolvency proceeding under the cross-border provisions of Chapter 15 of the US Bankruptcy Code unless the debtor has a domicile, residence or property in the US.

Insolvency Law

Lift Stay Motion More Likely to Succeed in a Liquidating CCAA

  • January 08, 2014
  • Jeffrey Levine and Stephen Brown-Okruhlik

When a stay of proceedings under the Companies’ Creditors Arrangement Act should be lifted to allow parties to bring claims against an insolvent company outside of the CCAA proceeding.

Insolvency Law