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Bankruptcy Without Borders: Chapter 15

In the decade since it was enacted, the courts have had a lot to say about chapter 15. This panel explores some of the hottest, most heavily litigated chapter 15 topics, including determining the location of a debtor’s center of main interests (COMI) necessary to establish the existence of a foreign main proceeding, whether a debtor must maintain assets in the U.S. as a prerequisite to filing a chapter 15 petition, and public policy considerations. The panel also discusses the practical implications of enforcing foreign judgments in the U.S. and U.S. judgments in foreign jurisdictions, as well as chapter 15’s emphasis on comity and direct court-to-court communications.

2016 Bankruptcy Battleground West
2016
Materials Year: 
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