Cross-Border Insolvency Disputes and Investigations

Kobre & Kim serves as special counsel in high-stakes, complex restructuring and insolvency litigation and investigations for corporate boards, investment funds, special committees, creditors and creditor committees, debtors, liquidators, trustees and other investors. We often work cooperatively with clients’ existing legal teams as special counsel and can be adverse to virtually any institution. 

Client Alert November 30, 2023

Cross-Border Tools for Chinese Investors to Recover in Brazilian Insolvencies and Against Fraud

  • 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.

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Events November 1, 2023

Daniel Saval Debates the Impact of AI on Insolvencies at INSOL International Cayman Islands Seminar

The growth of artificial intelligence is making waves across the legal industry, and many are wondering how they might affect the legal profession, including for those focused on restructuring and insolvency. Kobre & Kim’s Daniel Saval, who has extensive experience in cross-border insolvency proceedings, will debate this question during the International Cayman Islands Seminar hosted by INSOL International and RISA Cayman, joining the closing session at 4:30 pm local time on November 15, 2023.

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Events October 30, 2023

Carolina Leung Explores Restructuring of Brazilian Companies Abroad in TMA Brazil Congress Panel

Tightening financial conditions have pushed many Brazilian companies closer to insolvency, and many are looking at their restructuring options. Looking to overseas jurisdictions may offer some of those Brazilian companies additional tools and protective benefits. Kobre & Kim’s Carolina Leung, who focuses on representing companies in cross-border disputes, explains that during the Turnaround Management Association (TMA) Brazil Congress in São Paulo on a panel on Tuesday, October 31, at 4:50 pm local time.

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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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Events June 22, 2023

Daniel Saval Explores the Complex World of Tort Claims in Insolvency

Kobre & Kim’s Daniel Saval, who focuses on high-value multijurisdictional disputes and investigations related to insolvency, will moderate an INSOL International Focus Webinar on “Tortious Liabilities” at 1:00 pm London time on July 6, 2023. The discussion will explore the complex world of tort law within the context of insolvency and bankruptcy proceedings across various jurisdictions.

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Events May 1, 2023

Daniel Saval Explores Challenges in Cross-Border Cryptocurrency Insolvencies at ABA International Law Conference

Many crypto firms – including Three Arrows Capital, Voyager, Celsius and FTX – have become insolvent as cryptocurrency asset values cratered during the “Crypto Winter” of 2022. However, the unusual nature of the crypto industry – with many firms and creditors based outside regulated financial economies, and the asset class being largely unregulated – poses unique challenges for insolvency practitioners, trustees and liquidators. Kobre & Kim’s Daniel Saval, who focuses on complex cross-border insolvency disputes, explores these obstacles at the ABA International Law Section Annual Conference in New York during a session at 11:00 am, May 3, 2023.

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Client Alert February 28, 2023

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

  • 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.

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Accolades December 22, 2022

Peter Tyers-Smith Recognized in Who’s Who Legal “Restructuring & Insolvency 2023”

Top legal market directory Who’s Who Legal has recognized Kobre & Kim’s Peter Tyers-Smith among the top practitioners in its latest “Restructuring & Insolvency 2023” rankings.

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Accolades December 19, 2022

Kobre & Kim Placed in 2022 Global Restructuring Review 100

Global Restructuring Review has placed Kobre & Kim in its sixth annual GRR 100, the most comprehensive edition of its guide to the world’s leading law firms for cross-border restructuring and insolvency matters.

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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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Events November 8, 2022

Paul Hughes and John Han Explore Middle East Insolvency Disputes Trends in Dubai Seminar

Dubai is solidifying its role as a hub for resolving contentious insolvency and distressed debt disputes in the Middle East and around the world. Kobre & Kim’s Paul Hughes and John Han will examine the recent trends and developments in this area during a seminar hosted by the Restructuring Insolvency and Legal Practitioners Association (RILPA) in Dubai at 8:30 am local time, November 15, 2022.

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Events September 16, 2022

Kobre & Kim Co-Founds Crypto Fraud and Asset Recovery Network North America Chapter in Inaugural Event

Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. As such, Kobre & Kim is proud to co-found the North America chapter of the Crypto Fraud and Asset Recovery Network (CFAAR), an emerging network of industry-leading professionals that aims to develop best practices for dealing with cryptocurrency dispute resolution.

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Accolades August 26, 2022

Kobre & Kim's Latin America Restructuring Team Recognized in Turnarounds & Workouts

Kobre & Kim has been listed among the top U.S. firms with Latin American restructuring practices in the August 2022 special report by Turnarounds and Workouts, a newsletter for people tracking distressed businesses in the United States and Canada.

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Accolades August 18, 2022

Stephen Astringer Recognized in Best Lawyers: Ones to Watch in America 2023

The latest Best Lawyers: Ones to Watch in America for 2023 has recognized Stephen Astringer for his top work in “Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law” and “Litigation – Bankruptcy.”

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Publications August 15, 2022

Daniel Saval to The Deal: Why More Crypto Companies May File for Bankruptcy

The contagion of collapsing cryptocurrency companies – from Three Arrows Capital to Voyager Digital and Celsius Network – in recent months may not be over yet. Kobre & Kim’s Daniel Saval, who regularly represents crypto industry stakeholders in complex cross-border insolvency disputes, sat down with The Deal to answer why bankruptcies are likely to continue.

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