Coming To America? Examining The Chapter 15 Avenue

By Andrew Goldman, Benjamin Loveland and Lauren Lifland, WilmerHale (May 4, 2017, 12:41 PM EDT) -- Chapter 15 of the U.S. Bankruptcy Code provides a doorway for non-U.S. companies to obtain creditor protection and other benefits of a U.S. bankruptcy in support of insolvency proceedings for those companies in their "home" jurisdictions. But how wide open is that doorway? Recent decisions interpreting Section 109(a) of the U.S. Bankruptcy Code in the Chapter 15 context provide answers — but not necessarily consistent ones — to this question....

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