Chapter 15, International Bankruptcy: Foreign debtors get green light to sue US companies

Chapter 15 of the US Bankruptcy Code relates to international insolvency proceedings. Specifically, Chapter 15 regulates bankruptcy proceedings filed in the US that are “ancillary” to an insolvency proceeding in another country. The need for Chapter 15 arises from the reality that many insolvent companies have assets, liabilities and claims in multiple countries, including in the US. Based on the United Nations’ Model Law on Cross-Border Insolvencies, Chapter 15 was enacted to promote cooperation between US courts and foreign courts during international insolvency proceedings and to promote greater legal certainty for trade and investment.