Should We File It Here or There? Venue Options in Cross-Border Cases

Should We File It Here or There? Venue Options in Cross-Border Cases

Hosted by the International and Young & New Members Committees

This panel discusses the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 "40 Under 40" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.

Winter Leadership Conference
2018
Bankruptcy Code: 
Bankruptcy Rules: 
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