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International and Cross-Border Insolvency

Pillsbury insights on the wide-ranging, often complex array of challenges inherent in cross-border insolvency matters.

Article

03.14.25

The publications in this series identify and untangle cross-border insolvency issues to help debtors, creditors and parties in interest navigate chapter 15 and other cross-border disputes.

  1. U.S. Bankruptcy Court Confirms Nonconsensual Third-Party Releases May Be Recognized Under Chapter 15 of the Bankruptcy Code (3.14.25)
    Rahman Connelly examines a recent U.S. Bankruptcy Court order that gives effect to a Mexican bankruptcy plan that contains nonconsensual third-party releases under chapter 15.
  2. U.S. Bankruptcy Court Agrees to Enforce English Three-Step, with Third-Party Releases, Used by Mexican Auto Financer (3.13.25)
    Patrick J. Potter, Dania Slim and L. James Dickinson explore a recent U.S. Bankruptcy Court decision that allows a Mexican auto financer to seek chapter 15 debt relief in a more favorable venue.
  3. No Comity Tonight (10.2.24)
    James Dickinson and Patrick E. Fitzmaurice discuss why the U.S. Bankruptcy Court would not enforce an asset freeze order from a Brazilian insolvency proceeding recognized under chapter 15 of the Bankruptcy Code.
  4. Bankruptcy Court Rejects Attempts to Lock Up Creditor Votes in Favor of Reorganization Plan (7.30.24)
    Dania Slim and Andrew V. Alfano examine how recent bankruptcy court decisions reflect a renewed focus on lock-up provisions by bankruptcy courts.
  5. Recent Ruling Addresses Applicability of Alternative A and Cape Town Convention in U.S. Bankruptcy Cases (7.24.24)
    Dania Slim, Michael G. Burke, Antony James Single and Mark N. Lessard unpack how, in the absence of a formal declaration or notification to UNIDROIT, Alternative A has been deemed to have no international effect and no applicability in U.S. bankruptcy case.
  6. Purdue Pharma and the Future of Nonconsensual Third-Party Releases in Chapter 15 Cases (7.19.24)
    Rahman Connelly breaks down the U.S. Supreme Court’s decision in Purdue holding that a chapter 11 plan may not release non-debtors from third-party claims unless an affected claimant consents.
  7. Having Property in the United States: A Prerequisite to Chapter 15 Relief? (Updated) (6.25.24)
     Rahman Connelly examines the recent ruling by the Eleventh Circuit that section 109(a)’s debtor eligibility requirements do not apply to chapter 15 cases.
  8. Creditors May Take Rule 2004 Examinations in Chapter 15 Cases (5.11.23)
    John A. Pintarelli and  Rahman Connelly break down a recent Bankruptcy Court decision indicating that Rule 2004—a powerful information-gathering tool that has long been utilized by foreign representatives in chapter 15 cases—may also be used by creditors in appropriate circumstances.
  9. Bankruptcy Court Denies Chapter 15 Recognition Request of Cayman Islands Joint Provisional Liquidators (12.14.22)
    Rahman Connelly examines a denial by the U.S. Bankruptcy Court for the Southern District of New York of a petition for chapter 15 recognition of a Cayman Islands proceeding on the basis that it did not satisfy the statutory definition of a “foreign proceeding.

Tags
Rahman Connelly, L. James Dickinson, Patrick J. Potter, Dania Slim, Patrick E. Fitzmaurice, Andrew V. Alfano, Michael G. Burke, Antony Single, Mark N. Lessard, John A. Pintarelli