Chapter 15 Resource Articles

23 January 2019

In the Chapter 15 proceedings of Energy Coal S.p.A., the Delaware Bankruptcy Court required a U.S. creditor to recover its claim in Italy.

28 December 2018

Chapter 15 of the US Bankruptcy Code, which is based on UNCITRAL’s Model Law on Cross-Border Insolvency, was enacted in 2005 to provide an “effective mechanism” for dealing with cross-border insolvency cases.

Some of Chapter 15’s express objectives are “greater legal certainty for trade and investment” and the “fair and efficient administration of cross-border insolvencies that protects the interests of all creditors and other interested entities, including the debtor.

12 December 2014
1. The Momentive Decisions: Cram-Down Interest Rates and Make-Whole Mania 5. Update on the Recognition of the AustralianLiquidation of Octaviar: Satisfying the Debtor Eligibility Requirements in a Chapter 15 Case 6. Speeches, Events and Publications 8. An Introduction to Puerto Rico’s New Public Corporation Debt Enforcement and Recovery Act 10. Q&A: Puerto Rico’s Public Corporation Debt Enforcement and Recovery Act 12. UK Supreme Court Modernizes Agent’s Duty to Account
11 December 2014
On August 27, 2014, the U.S. Bankruptcy Court for the Southern District of New York (the “Court”) issued a decision enforcing the terms of a Brazilian reorganization plan pursuant to Chapter 15 of the U.S. Bankruptcy Code. In re Rede Energia, S.A., Case No. 14-10078 (SCC) (Bankr. S.D.N.Y. August 27, 2014), ECF No. 35 (the “Decision”). Bankruptcy Judge Shelley C. Chapman rejected challenges by a minority group of bondholders who had alleged that the Brazilian Bankruptcy Proceeding was contrary to U.S. public policy.
15 May 2014
Cross-Border Bankruptcy Issues (2014 New York City Bankruptcy Conference) - Steven G. Panagos, Lisa J. Donohue, Kathryn A. Coleman, Jay M. Goffman, Hon. Allan L. Gropper, Daniel A. Lowenthal
15 May 2014
Business Track: Case Law Update (2014 Annual Spring Meeting) - Roger G. Schwartz, Hon. Shelley C. Chapman, Francis A. Monaco Jr., My Chi To