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Post date: Friday, May 26, 2017

Weeks before Hanjin Shipping sought protection from its creditors in Korea, I got an unexpected call: “Tally, I think one of the world’s largest shipping companies is going to file for bankruptcy in Korea and seek chapter 15 protection in New York, are you up for being my local counsel?” This was in early August 2016, and my life has not been the same since.

Post date: Tuesday, March 14, 2017

This article addresses foreign discovery pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and the application of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Convention” or the “Convention”) to such discovery.

Post date: Tuesday, March 14, 2017

Since the seminal decision of the Ontario Court of Appeal in Metcalfe & Mansfield Alternative Investment II Corp. (“Metcalfe”) in 2008, third party releases have been part of the restructuring landscape. Metcalfe involved the asset back commercial paper crisis that resulted from the financial crisis of 2007-2009.

Post date: Tuesday, March 14, 2017

More than a decade after chapter 15 was added to the Bankruptcy Code,[1] there has been an influx of large, complex cases brought by foreign representatives in the U.S. Bankruptcy Court.

Post date: Friday, December 16, 2016

Although 2016 has lacked the massive, transnational bankruptcies that the Great Recession gave us, it has provided its own poignant reminders of how interconnected countries and economies can be. The outcome of the Brexit vote caused waves as companies tried to figure out how, or if, they could invest in the EU and the U.K. in the future. The outcome of the U.S.

Post date: Tuesday, August 16, 2016

[1]Under chapter 15 of the Bankruptcy Code, recognition of a foreign proceeding is required to obtain a stay of proceeding against the property of the foreign debtor located in the United States, to entrust such property to the representative of the foreign debtor, and to receive other important protections and rights.

Post date: Tuesday, August 16, 2016

n what is often viewed a rudimentary inquiry, recognition of foreign insolvency proceedings under chapter 15 can be a closely scrutinized affair. In In re Creative Finance Ltd. (In Liquidation), 543 B.R. 498 (Bankr. S.D.N.Y. 2016), Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York dismissed a chapter 15 case after concluding that the debtors’ “Center of Main Interests” (“COMI”) did not change to the British Virgin Islands (“BVI”) — the debtors’ letterbox jurisdiction and where the initial liquidation was filed.

Post date: Thursday, July 07, 2016

This article outlines the legislative framework behind and briefly describes the process of a bankruptcy proceeding,[1] the Canadian equivalent of a chapter 7 filing in the U.S.


Salene Mazur Kraemer, MBA, CTA
Post date: Thursday, March 10, 2016

On Nov. 13, 2015, in the U.S. Bankruptcy Court for the Southern District of New York, Judge Glenn issued a memorandum opinion in In re Vivaro Corp., et al.[1] with the following rulings: (1) a claim objection against a foreign entity may be served by U.S.

Post date: Tuesday, December 15, 2015

As the U.S. economy continues to limp along, six years after the official end of the Great Recession, it has become painfully clear that the world economy is highly interdependent. The ability of any one country to improve its own lot is limited by the conditions in other countries and the actions (or lack of actions) being taken in those countries.

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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

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