Join Today and Benefit Daily from ABI's 35+ Years of Insolvency Expertise.
Join Today!
Help Center

International Committee

Committees

Post date: Thursday, June 19, 2014

Editor’s note: This article relies on a translation of the EBL provided by the Bankruptcy Law and Restructuring Research Center of China University of Politics and Law, as supervised by Prof. Li Shuguang, September 2006.

Post date: Friday, May 16, 2014

[1]Chapter 15 of the Bankruptcy Code was enacted in 2005 to implement the Model Law on Cross-Border Insolvency formulated by the United Nations Commission on International Trade Law (UNCITRAL). Part of the reason for needing a U.S. implementation of the Model Law was in recognition of the mutli-national presences of many entities, and thus the need for multi-national solutions for insolvencies of these entities.[2]

Post date: Friday, May 16, 2014

As complex restructurings increasingly implicate cross-border considerations, other countries’ insolvency laws have become increasingly more relevant to practitioners in the U.S. This article will focus on creditors’ in various jurisdictions to provide a better understanding of how foreign creditors protect their rights in an insolvency proceeding.

Post date: Thursday, May 15, 2014

Brazilian Federal Law No. 12.846/13 (the “Anti-Corruption Law”), which became effective on Jan. 29, 2014, establishes the civil and administrative liability of legal entities for acts that are harmful to the public administration, and applies to both domestic and foreign entities.

Post date: Thursday, May 15, 2014

A recent decision by the Second Circuit Court of Appeals in Drawbridge Special Opportunities Fund LP v. Barnet,[1] which found that the bankruptcy court should not have granted chapter 15 recognition to the foreign insolvency proceeding of an Australian company, adds to the growing body of recent case law evidencing that courts will evaluate the relief a foreign representative seeks under the established standards and requirements applicable to cases under other chapters of the Bankruptcy Code.

Post date: Sunday, September 11, 2011

German corporate bankruptcy law will soon undergo a major reform when the proposed Gesetz zur weiteren Erleichterung der Sanierung von Unternehmen (ESUG, or the Company Restructuring Facilitation Act) passes through legislation.

Post date: Saturday, September 10, 2011

A new law recently published in Brazil will facilitate the making of new investments with limited liability. Federal Law No. 12,441, enacted on July 11, 2011 (Law 12,441), amended certain provisions of the Brazilian Civil Code (Federal Law No.

Post date: Tuesday, August 02, 2011

On April 19, 2011, the High Court of England and Wales heard an application for the sanction of a scheme of arrangement for Rodenstock GmbH, a solvent German company. Two days later, the court entered an order sanctioning the scheme, and indicating that Mr. Justice Briggs’ reasoning would be provided in a reserved judgment.


Tally M. Wiener
Post date: Saturday, November 06, 2010

On June 14, 2010, the joint liquidators of Fairfield Sentry Ltd.—the largest Madoff “feeder fund”—filed a chapter 15 petition with the U.S. Bankruptcy Court for the Southern District of New York seeking recognition of the fund’s British Virgin Islands (BVI)-based insolvency proceedings.

Post date: Friday, November 05, 2010

One of the by-products of the Lehman insolvency is an increased focus on client money protection. The decision of Briggs J in the Lehman case concerning client moneys, reported as Lehman Brothers International (Europe) (in administration) v. CRC Credit Fund Limited & Ors, [2009] EWHC 3228, highlights a number of deficiencies in the current regime.

Pages

Mr. E. Patrick Shea
Co-Chair
Gowling WLG (Canada) LLP
Toronto, ON
(416) 369-7399

Mr. Francesco Spizzirri
Co-Chair
Audax Law
Toronto, ON
(416) 862-8329

Mr. Joshua Pichinson
Communications Manager
AgencyIP
Santa Clara, CA
(650) 454-8001

Ms. Jamie R. Netznik
Education Director
Mayer Brown LLP
Chicago, IL
(312) 701-8741

Ms. Oksana Koltko Rosaluk, Esq.
Education Director
DLA Piper
Chicago, IL
(312) 368-3974

Mr. Ken Kraft
Membership Relations Director
Dentons Canada LLP
Toronto, ON
(416) 863-4374

Mr. Kyle James Ortiz
Newsletter Editor
Togut, Segal & Segal LLP
New York, NY
(212) 594-5000

Mr. Ben Sewell
Newsletter Editor
Sewell & Kettle Lawyers
Sydney,
+61282510075

Mr. Randall Adam Swick
Special Projects Leader
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6100

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member