In his article “Foreign Enterprise Chapter 11s: The More Things Change, the More They Stay the Same,” Insolvency & Restructuring partner Patrick Potter discusses foreign enterprise chapter 11 filings as an example of forum shopping.

Potter details the number, debt size, geographic location and other attributes and patterns of foreign enterprise chapter 11 filings since 2005. In doing so, he observes the absence of easily researchable and reliable sources of data to study these filings.

Potter observes that, while other nations are competing to lure complex foreign enterprise restructurings, the number of such filings in the U.S. continues to increase.

To avoid perceived or potential creditor disenfranchisement and abuse, and other concerns, Potter suggests the development of a more robust, reliable, user-friendly and affordable database for researchers and policymakers to use in their efforts to assess the trends and evaluate the impacts of foreign enterprise chapter 11 filings.

Click here to read the full article.