International

Balancing Confidentiality and Comity When Entering Discovery Related Protective Orders in Cross-Border Insolvency Proceedings

Conor Carman

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

 

In cross-border insolvency proceedings, the power to obtain information through discovery is essential for recovering assets for creditors. A recent decision by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”), In re Historic & Trophy Buildings Fund FCP-SIF, balances safeguarding sensitive information and facilitating cooperative efforts in foreign liquidation proceedings.

Indonesian Insolvency Plan Not Enforced Under Chapter 15

By: Anastasia Marie Greer

St. John’s University School of Law

         

         In In re PT Bakrie Telecom TBK, the bankruptcy court for the Southern District of

York recognized an Indonesian insolvency proceeding under Chapter 15 of Title 11 of the United

States Code (the “Bankruptcy Code”), but denied a request to enforce the Indonesian

Indenture Governed by New York Law Satisfies Property Requirement for Chapter 15 Case

By: Edward Cho-O’Leary

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff Member       

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