Client Alert November 30, 2023
- Brazil is seeking more investment from China, with almost half of China’s investments in South America being in Brazil.
- However, the recent wave of insolvencies in Brazil could threaten these investments, particularly if fraud is uncovered, leaving investors to navigate the complex Brazilian insolvency landscape.
- By undertaking a more assertive, multijurisdictional approach, combined with new insolvency tools in Brazil, investors can seek to gain the upper hand.
Client Alert July 27, 2023
Gaining Leverage in Brazilian Insolvencies: Local and Cross-Border Tools for International Creditors
- The Americanas fraud has led a wave of insolvencies in Brazil, shaking the market.
- This wave of financial distress has ensnared international creditors into the slow-moving Brazilian insolvency landscape.
- However, new developments in Brazil – combined with an assertive cross-border strategy – can help creditors gain the upper hand and reach a quicker resolution.
Client Alert June 8, 2023
- The Middle East is opening up to cross-border investors, creditors and claimants, as Saudi Arabia’s adoption of rules based on the UNCITRAL Model Law on Cross-Border Insolvency demonstrates.
- The openness is not limited to that country – the United Arab Emirates has also made strides that gives more tools for creditors considering a global enforcement campaign.
- We explain what these developments mean for creditors.
Client Alert March 29, 2023
- As a key economic center in the region, the United Arab Emirates (UAE) is increasingly the place where many international creditors go as they pursue their debtor’s assets.
- However, some recalcitrant debtors may try to transfer their assets away to avoid payment in a fraudulent transfer.
- Our team explores what strategies are available in the UAE to restore a creditor’s interests.
Client Alert February 28, 2023
- In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
- Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
- We explain how creditors can unlock value in China and maximize their recovery.
Client Alert November 23, 2022
- As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
- But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
- Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.
Client Alert June 15, 2020
- Even when they leave their home countries for the United States, many individuals still get targeted by aggressive foreign insolvency proceedings that try to get recognized in U.S. courts.
- However, as a recent U.S. Bankruptcy Court decision in favor of a Russian debtor has revealed, there are important steps targets can take to defend themselves.
- By gathering evidence to show the corrupt nature of the foreign proceedings and one’s severed ties with the foreign country, targets can beat back these hostile campaigns.
Client Alert May 30, 2019
- In U.S. Chapter 11 cases (especially those involving unsecured creditors), non-traditional asset sources often offer the best hope of recovery.
- Assets based in China can present surprising asset recovery opportunities for U.S. creditor committees.
- There is a range of options at a committee's disposal to unlock value from claims against PRC entities, and experience, creativity and local support on both sides of the Pacific are essential to securing monetization.
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