Chapter 15 of the Bankruptcy Code provides a mechanism for debtors to have foreign insolvency proceedings recognized in the U.S. This recognition allows orders from foreign courts to be given effect in the U.S., offering key protections such as the automatic stay. In contrast, Chapter 11 focuses on domestic reorganization, allowing debtors to restructure their debts and business operations within the U.S. legal framework.

One of the key issues in Chapter 15 cases is the recognition of a “foreign main proceeding.” This requires the foreign representative to demonstrate that the foreign country where the proceeding was filed is the debtor’s “center of main interests.” This recognition grants the debtor and its property within the U.S. certain protections under the Bankruptcy Code. Additionally, the foreign representative plays a crucial role in managing the Chapter 15 proceeding in the U.S., acting as the movant in motions and seeking recognition of the foreign insolvency proceeding.

Provisional relief is another important aspect of Chapter 15, allowing debtors to seek temporary protections until the foreign proceeding is recognized. This includes the imposition of the automatic stay and temporary recognition of the foreign court’s insolvency order. Noticing and claims in Chapter 15 cases differ from Chapter 11, as claims are asserted in the foreign main proceeding, often leading to less robust noticing in the U.S. Overall, Chapter 15 bankruptcies are complex and require experienced bankruptcy counsel to navigate effectively. Read full article here.

Photo of David Fournier David Fournier

David represents various interests in complex bankruptcy proceedings in the District of Delaware and other jurisdictions. His clients include corporate debtors, secured and unsecured creditors, official creditors’ committees, foreign representatives, and others. David also has extensive experience as a mediator in bankruptcy litigation.

Photo of Evelyn Meltzer Evelyn Meltzer

Evelyn focuses her practice on corporate bankruptcy, insolvency, distressed M&A, and creditors’ rights. With more than 20 years of experience, Evelyn understands all facets of a problem or opportunity, strategically devising insightful, innovative, and practical solutions that protect and advance her clients’ interests.

Photo of Kenneth Listwak Kenneth Listwak

Ken has broad experience in bankruptcy and reorganization matters, including adversary proceedings and contested matters in complex bankruptcy cases, and advising and guiding clients through complex issues involving bankruptcy law and Delaware legal practice.

Photo of Tori Lynn Remington Tori Lynn Remington

Tori is an associate in the firm’s Finance and Financial Restructuring + Insolvency practice groups. She has been involved in complex chapter 11 proceedings and litigation matters, representing various parties in interest, including debtors-in-possession, DIP lenders, stalking horse purchasers, and creditors. Tori also…

Tori is an associate in the firm’s Finance and Financial Restructuring + Insolvency practice groups. She has been involved in complex chapter 11 proceedings and litigation matters, representing various parties in interest, including debtors-in-possession, DIP lenders, stalking horse purchasers, and creditors. Tori also has experience in the Court of Chancery representing assignees in Delaware ABCs.