International Insolvency

Overview

In a global economy, it’s unfortunate but not uncommon for businesses to be faced with cross-border insolvencies that result in filing chapter 15 in the United States. When that happens cooperation between the courts of the countries involved is critical to protecting creditor’s interests and can be a challenge due to the variety of local insolvency laws. 

Our bankruptcy and restructuring attorneys have experience working across multiple jurisdictions for foreign representatives and creditors in chapter 15 cases. We recognize the diversity of the commercial cultures and laws that may affect our clients’ interests. Our focus is on providing our clients with creative solutions that best serve their cross border needs. We’re able to work with foreign jurisdictions and resolve issues in competing proceedings that might arise. Importantly, we understand when to “recognize” a foreign insolvency, rehabilitation, or reorganization proceeding and to protect that proceeding in the United States. Should a foreign representative file a chapter 7 or chapter 11 case for a foreign debtor after chapter 15 has recognized, we’re able to guide our clients through that process as well.

We have particular strength across sectors such as maritime, retail, finance, and energy, and draw upon the disciplines of our attorneys in the areas of finance, international tax, litigation, shipping, and financial services to bring comprehensive resources to our clients.

What We Do

  • credit management
  • intercreditor concerns
  • collateral support
  • restructuring transactions
  • asset recovery litigation
  • dispute resolution
  • bridge financing
  • debt-for-equity swaps
  • discovery
  • drafting insolvency proposals
  • rehabilitation planning 

What Sets Us Apart

  • Chambers USA notes we have a “stellar bankruptcy and restructuring team handling the full range of issues including Chapter 11 and Chapter 15 matters, as well as related bankruptcy litigation. Maintains a specialty practice advising maritime and transportation clients, and possesses significant knowledge of complex financing transactions.”
  • 2014–2017 Chambers USA recognized the Firm for Bankruptcy/Restructuring both nationally and regionally in Delaware and Pennsylvania.
  • Our bankruptcy practice ranked at the top of The American Lawyer’s Corporate Scoreboard in 2011.
  • Four of the team’s attorneys are fellows of the prestigious American College of Bankruptcy. One partner served as Third Circuit regent of the American College of Bankruptcy and another partner served as chairman of the American College of Bankruptcy Foundation and is a past chair of the American College of Bankruptcy. 
  • Many members of the group write and lecture extensively on issues involving corporate restructuring and bankruptcy.

Experience

  • Vneshprombank, counsel to Deposit Insurance Agency as Receiver and Foreign Representative of Vneshprombank in connection with a Chapter 15 case ancillary to a Russian Insolvency Proceeding and litigation to trace assets of the bank in the United States (New York, NY).
  • Pavlovskgranit, counsel to the Receiver and Foreign Representative of Sergey Poymanov, the former majority shareholder of Pavlovskgranit, one of Russia’s largest granite producing companies, in connection with a Chapter 15 case ancillary to Mr. Poymanov’s Russian Insolvency Proceeding and litigation concerning Mr. Poymanov’s “reiderstvo” claims against several Russian companies and individuals for alleged corporate raiding of Pavlovskgranit (New York, NY).
  • Daebo, counsel to foreign representative of Korean bulk carrier in its Chapter 15 case and related attachment vacatur litigation (New York, NY and New Orleans, LA).
  • Sherson Group, counsel to foreign representative of Canadian retail chain in its Chapter 15 (New York, NY).
  • Energy Coal S.p.A., counsel to a Italian petroleum coal and energy product wholesaler in its Chapter 15 (Wilmington, DE).
  • Cogent Fibre, counsel to a Japanese shipping line and largest unsecured creditor in resisting recognition of Turkish/Canadian/U.S. wood chip wholesaler in its Chapter 15 (New York, NY).
  • Daehan, counsel to foreign representative of a Korean shipyard in its chapter 15, including in respect of rehabilitation plan implementation (New York, NY).
  • STX PAN OCEAN, counsel to joint administrators/foreign representatives of a Korean shipping line in its Chapter 15, successfully obtaining provisional and final recognition orders, which protected all U.S. assets, including time-chartered vessels (New York, NY).
  • The Containership Company (TCC) A/S, counsel to reconstructor/foreign representative of a Danish shipping company in its Chapter 15 and numerous turnover and collection adversaries in the United States (New York, NY).
  • Daewoo Logistics Corporation, counsel to rehabilitator/foreign representative in Korean shipping company Chapter 15 (New York, NY).

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