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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.

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