A recent chapter 15 decision by Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) suggests that third-party releases susceptible to challenge or rejection in chapter 11 proceedings may be recognized and enforced under chapter 15. This decision provides companies with cross-border connections a path to achieve approval of non-consensual third-party guarantor releases in the U.S.
Background
USA, Delaware, Insolvency & Restructuring, Private Client & Offshore Services, Weil Gotshal & Manges LLP, Companies Act 2006 (UK), United States bankruptcy court