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Trending: Special Deference for Foreign Insolvency Proceedings Both In and Out of Chapter 15

Several cases this year have demonstrated the continuing trend of U.S. courts’ respect toward foreign insolvency proceedings. Recent decisions from the Third and Eleventh Circuits, Southern District of New York and other...more

Al Zawawi and § 109(a): Parsing What It Means to Be a “Debtor” Under Chapter 15

What does it mean for an entity to be a “debtor” under chapter 15, and does it matter whether the entity is a “debtor” under that chapter of the Bankruptcy Code? While these may seem like strange questions with obvious...more

Seeing Double? Two Judges, Two Lawsuits, Two Types of Bankruptcy - But a Single Vision for Comity in Cross-Border Insolvencies

The recent decision in In re National Bank of Anguilla (Private Banking Trust) Ltd.1 may cause readers to do a double-take. First, it is co-authored by two bankruptcy judges: Hon. Stuart M. Bernstein and Hon. Martin Glenn....more

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