Cross-Border Insolvency: Chapter 15 as a Sword and a Shield, the Madoff Legacy, and Proposed Model Laws on Multi-Company Insolvencies and Enforcement of Foreign Insolvency Related Judgments

This presentation will address how Chapter 15 proceedings have been used by foreign-based companies to assert claims against US companies and to enjoin US companies from actions against the foreign-based companies. This will include a discussion of many of the impactful rulings in the Madoff and Fairfield Sentry cases. Finally, on the horizon are adoption by the US of UNCITRAL Model Laws regarding reciprocal enforcement of insolvency related judgments (such as avoidance actions) and regarding cross-border insolvencies of multi-national company groups. These issues impact US companies with foreign contract counter-parties, or with foreign affiliates.

Speakers:
David Conaway, Shumaker

Thank you to Shumaker for sponsoring this event!