In June 2005, the new Brazilian Bankruptcy Law (the Law) became effective. The Law took its inspiration to some extent from chapter 11 of the Bankruptcy Code.
Successful cross border asset protection and recovery efforts involve the right combination of accountancy based investigative methods, business intelligence and forensic technology expertise. This article addresses the third piece of that investigative puzzle – digital forensic methods being utilized when bank secrecy and other difficulties present barriers to collecting your evidence.
The Caribbean has long been a favorite location for persons seeking to shelter assets in offshore trusts as glamorized in popular culture in, among other things, books and movies such as The Firm.
Since China’s new Enterprise Bankruptcy Act came into force on June 1, 2007, the role and capacity of the newly created independent administrator has drawn broad attention among bankruptcy practitioners both in China and across borders.
Recently the European Communication and Cooperation Guidelines For Cross-border Insolvency have been published (in our jargon called CoCo Guidelines).
Prior to its repeal with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, §304 provided authority for adjudicating international insolvency issues before the U.S. Bankruptcy courts where a proceeding had already been filed or would be more appropriately filed in a foreign jurisdiction.
Case Filed Under § 304 – discussing Chapter 15
In re Atrimm, S.r.L., 335 B.R. 149 (Bankr. C.D. Cal. 2005)
There have been several articles recently published discussing and critiquing the early chapter 15 case law.  However, two articles in particular are worth noting. The first is entitled "A Tale of Two Proceedings: ‘Turnabout Is Fair Play’ in the Yukos U.S.
The reform of Canada’s insolvency laws continues to move forward slowly. In an article published in a previous edition of this newsletter, I outlined the proposed amendments to Canada’s two major insolvency statutes, the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) under Bill C-55.
Togut, Segal & Segal LLP
New York, NY
Santa Clara, CA
Mayer Brown LLP
Membership Relations Director
Dentons Canada LLP
Baker & Partners
George Town, Grand Cayman
Sewell & Kettle Lawyers
Special Projects Leader
Reid Collins & Tsai LLP