Retail Without Borders

Retail Without Borders

It seems every few weeks there is an announcement of another majo retailer filing chapter 11, including some iconic claims. Frequently, the insolvency involves cross-border aspects and retail operations in Canada. From the initial filing decision — is there a “full blown” or ancillary proceeding in Canada? — through to the end result, whether it be by way of plan or liquidation, there is the need to coordinate the cross-border proceedings. Debtor counsel, advisors and stakeholder counsel discuss some of these issues in the context of recent filings and whether a reorganization of a large retailer is even possible in today’s environment. We will consider the recent World Importers decision on § 503(b)(9) claims issued by the Third Circuit and the impact on debtors and the expanding scope of critical vendor orders to pay certain, but not all, of pre-petition suppliers.

2018 Cross-Border Insolvency Program
2018
Bankruptcy Code: 
Bankruptcy Rules: 
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