Chapter 15

• - Cooperation between U.S. and foreign courts in insolvency matters.

- Legal certainty for trade and investment in global markets.

- Fair and efficient administration of cross-border insolvencies.

- Protection of creditor and debtor interests in multiple jurisdictions.

- Facilitation of corporate restructuring and asset preservation across borders.

Through Chapter 15, a foreign representative (such as a trustee or liquidator appointed abroad) may petition U.S. courts for recognition of the foreign proceeding—granting rights to manage U.S. assets, pursue litigation, or obtain injunctive relief.

• 1. Petition for Recognition 
• Filed by a foreign representative with supporting documentation, such as certified copies of the foreign court order and evidence of authority.
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2. Main vs. Non-Main Proceedings 

• - A foreign main proceeding exists where the debtor has its center of main interests (COMI), granting broad protections including the automatic stay.

- A foreign non-main proceeding applies where the debtor has an establishment but not its COMI, offering more limited relief.

3. Court Determination and Relief – Upon recognition, U.S. courts may grant immediate relief, including asset protection, discovery rights, and cooperation orders.

We assist clients in preparing recognition petitions that meet all statutory and evidentiary requirements, ensuring smooth interaction between U.S. and foreign courts while minimizing procedural delays.

• - Automatic Stay (11 U.S.C. §1520) – Stops all collection, foreclosure, and litigation against the debtor’s U.S. assets.

- Asset Turnover Orders – Directs entities holding U.S.-based property to surrender it to the foreign representative.

- Discovery and Examination – Permits the foreign representative to obtain information and documents concerning the debtor’s assets or financial condition.

- Entrustment and Cooperation Orders – Authorizes joint administration and information exchange between U.S. and foreign courts.

- Injunctive Relief – Protects against creditor interference during ongoing foreign restructuring or liquidation.

Our attorneys frequently represent both foreign administrators seeking recognition and U.S. creditors defending their interests in these proceedings, balancing jurisdictional efficiency with asset protection.

We help clients:

• - Use Chapter 15 to enforce foreign restructuring plans in the U.S.

- Protect U.S.-based subsidiaries and bank accounts from aggressive creditors.

- Facilitate multi-jurisdictional asset sales under unified supervision.

- Coordinate with foreign courts and administrators under protocols like the Cross-Border Insolvency Guidelines.

- Implement Section 363-style sales in conjunction with recognized foreign main proceedings.

Our cross-border practice bridges U.S. insolvency principles with international regimes—allowing smoother restructurings across regions such as Europe, Asia-Pacific, and Latin America.

We represent:

• - Foreign representatives seeking recognition and relief.

- U.S. creditors protecting local claims and lien rights.

- Debtors with international assets facing parallel insolvency proceedings.

- Investors and purchasers pursuing distressed asset opportunities under Chapter 15 protection.

Our team ensures that every stakeholder’s objectives—recovery, enforcement, or protection—are advanced effectively within the framework of U.S. and foreign insolvency law.

• - Recognition of foreign cryptocurrency liquidations, establishing precedent for digital asset protection.

- Expanded use of COMI analysis, allowing flexibility for debtors with multi-jurisdictional operations.

- Coordination between U.S. and UK/EU courts, especially post-Brexit.

- Environmental and ESG obligations, now being integrated into global insolvency planning.

We stay at the forefront of these developments, guiding clients through evolving legal standards and strategic implications of Chapter 15 recognition.