Insights

• On behalf of Fortress Investment Group, Kobre & Kim has achieved full payment and satisfaction of an approximately $187 million New York judgment against commercial real estate developer Charles S. Cohen, concluding a high-stakes enforcement effort with a recovery exceeding $200 million, inclusive of interest and attorneys’ fees.

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• Increasing regulatory scrutiny of professional advisers, such as auditors, accountants and other financial advisors, is creating new opportunities to pursue professional negligence claims as part of a broader recovery strategy.
• Investors, creditors, and liquidators should consider key issues, including regulatory findings, evidence preservation, cross-border discovery, limitation periods, and damages, to maximize the viability and value of potential claims.

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• A Massachusetts bankruptcy court denied Chapter 15 recognition of Russian insolvency proceedings against a U.S.-based individual represented by Kobre & Kim, underscoring that recognition is not automatic and depends on strict satisfaction of statutory requirements.
• The decision highlights the limits of Chapter 15 relief, particularly where an individual has established ties to the U.S., offering practical guidance for both those resisting and pursuing cross-border insolvency recognition.

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• Amid the rapid growth of private credit and rising default concerns, recent distress events have exposed structural vulnerabilities and underscored the need for strong diligence, ongoing monitoring, and early enforcement planning.
• As transactions become more complex and cross-border, lenders face increasing exposure to litigation, regulatory scrutiny, and multi-front disputes when deals unravel.

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• Delaware Domestic Asset Protection Trusts (DAPTs) offer strong statutory protection when properly structured.
• However, non-U.S. creditors may still pursue recovery through multijurisdictional strategies, including challenges to the validity of the trust, reliance on creditor-friendly jurisdictions, and fraudulent-transfer claims.

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• A Cayman Islands court has dismissed liquidators’ efforts to freeze remuneration paid to a professional director represented by Kobre & Kim in a dispute involving a US $270M charitable fund structure, rejecting claims that he held traceable assets subject to a proprietary claim.
• The ruling underscores that injunctions are exceptional remedies requiring a credible merits case and reliable evidence.

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• Kobre & Kim secured a ruling in the Dubai International Financial Center (DIFC) Court, which broadens creditors’ tools to locate debtor assets, allowing examinations of directors and officers, including former and foreign-based individuals, and permitting inquiries into the means by which a debtor might satisfy a judgment, including potential asset transfers and causes of action.
• The decisions strengthen post-judgment discovery and reinforce the DIFC as a creditor-friendly venue for cross-border enforcement.

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• Kobre & Kim secured landmark judgments in Belize and Trinidad & Tobago recognizing a multi-billion-dollar International Center for Settlement of Investment Disputes (ICSID) award against Venezuela, believed to be the largest arbitration award enforcement in each jurisdiction’s history.
• These wins open new pathways for ICSID award recognition in the Caribbean and underscore the firm’s cross-border enforcement capabilities.

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• International creditors are facing a shrinking pool of available capital for repayment on their claims in Brazil and Latin America.
• As companies struggle to navigate ever-increasing amounts of debt, there are strategies US dollar noteholders can take to improve their position and fast-track a swift recovery. 

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• Creditors pursuing claims against sovereign states may find new opportunities.
• A recent U.S. court decision opens the door to recoveries once thought out of reach, reinforcing the value of well-planned, globally coordinated strategies to maximize returns and speed up enforcement.

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• The changing business environment has exacerbated financial challenges, eroding asset values, and driven a spike in defaults. Large distressed debt positions cannot always be monetized through consensual restructurings.
• Over the past 24 months, Kobre & Kim has enforced distressed debt, including offshore US dollar bonds, valued at more than US $2 billion in jurisdictions that span Asia, the Middle East, Offshore, North America, and Latin America.
• To successfully monetize credit, it is essential to deploy strategies that leverage a combination of cross-border asset recovery in onshore and offshore jurisdictions, as well as creative out-of-court approaches to facilitate the voluntary resolution of claims.

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• Kobre & Kim won a second ruling by a New York court granting a motion for summary judgment. 
• This reaffirms bondholders’ standing to directly enforce a global note issued by Chinese property developer Glory Health without going through the bond trustee.
• The ruling removes another barrier to executing aggressive, multijurisdictional monetization strategies in defaulted bond enforcement campaigns.

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• Global public debt has surpassed US $300 trillion, providing creditors and investors in sovereign debt with new opportunities.
• Pursuing sovereign assets can be complex, time-consuming, and highly public, often involving legal battles across jurisdictions and public scrutiny.
• Adopting cross-border strategies that move beyond the traditional litigation playbook that sovereigns expect can improve recovery outcomes and shorten enforcement timelines.

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• It is now established that keepwell agreements—commitments made by a parent company in the People's Republic of China (PRC) to uphold the financial stability of its subsidiary—are enforceable under Hong Kong law.
• Beyond enforcing keepwell agreements in the PRC, unsecured creditors should proactively expand their recovery overseas to improve their prospects for recovery.   

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• Debtors worldwide often attempt to shield their assets from collection by transferring them to Florida homesteads due to the broad and immediate protection against enforcement afforded by Florida’s constitution to homeowners.
• A recent ruling by the United States District Court for the Southern District of Florida in favor of a Kobre & Kim client marks an important step in addressing potential abuses of this protection.
• As possibly the first ruling to acknowledge that creditors may be able to collect against Florida homesteads purchased with proceeds from frauds not committed against them, it sets a precedent that could enhance creditors’ ability to enforce claims against debtors attempting to shield assets through homestead protections.

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