A bankruptcy petition should not proceed if the debt is disputed and subject to an exclusive jurisdiction clause in favour of a foreign court.
Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone.
Global, Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Insolvency, UNCITRAL
Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone.
Global, Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
The decision raises new questions about whether cross-border insolvency recognition and assistance between mainland China and Hong Kong will be a two-way street.
The Weinstein Company Holdings bankruptcy decisions clarify a buyer’s ongoing obligations under contracts purchased in bankruptcy, subject to resolution of appeals.
Executive Summary
USA, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Sexual harassment, United States bankruptcy court