Second Circuit Limits Availability of Chapter 15

20 December 2013
Download PDF

Key takeaways:

  • In a recent opinion, the United States Court of Appeals for the Second Circuit held that foreign entities seeking recognition under Chapter 15 of the Bankruptcy Code must, in addition to satisfying the requirements for recognition set forth in that chapter, have a residence, domicile, place of business or assets in the United States.
  • The Second Circuit’s decision adds an additional barrier to Chapter 15 recognition, which could be problematic for foreign companies looking to benefit from the advantages of the U.S. legal system.