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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.

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Client Alert June 8, 2023

More Routes to Recovery for Global Creditors in the Middle East

  • 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.

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Client Alert May 18, 2023

Pathways for Global Bondholders to Effectively Oppose Unjust UK Restructuring Plans

  • Global bond issuers looking to restructure their debt have often turned to English courts, relying on debtor-friendly rules such as the ability to cram down creditors.
  • Two recent English court decision, however, are improving prospects for global bondholders.
  • Creditors who are willing to take swift and forceful action against even the biggest players can see the greatest chances of success.

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Client Alert November 23, 2022

Bankruptcy is Not the Only Way: Alternative Insolvency Techniques in Delaware

  • 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.

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Client Alert July 23, 2021

Using Arbitration to Stop a Winding Up

  • When monetizing a claim against a debtor, the interplay between arbitration and insolvency is not only critical but also varies by jurisdiction.
  • When considering a cross-border strategy, it is essential to understand how each jurisdiction interrelates with the others.
  • Kobre & Kim’s global Claim Monetization and Dilution Team answers the critical questions on these intricacies for key jurisdictions in this comparative guide.

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Client Alert June 1, 2018

Looking to Enforce a Judgment in the U.S.?

  • U.S. courts traditionally have been a generous forum for foreign judgment creditors.
  • A recent ruling from a New York state court has further broken down barriers for recognition of a foreign judgment in the U.S., even when the debtor is subject to a foreign insolvency proceeding.
  • The New York decision is part of a trend of U.S. courts rejecting "fairness" and "corruption" challenges to Russian courts' judgments. Similar challenges can be overcome with the aid of proper counsel.

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