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. 


Publications August 3, 2022

Daniel Saval Discusses Recovery for Customers in Voyager and Celsius Crypto Bankruptcies with Yahoo Finance

Recent letters filed in court from customers in the bankruptcy cases of cryptocurrency platforms Voyager Digital and Celsius Network reveal the extent of the potential financial ruin faced by customers after those companies halted withdrawals. Kobre & Kim’s Daniel Saval with Yahoo Finance discussed the challenges ahead for the customers-turned-creditors as they seek to recover their assets.

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Publications August 3, 2022

Daniel Saval, Andrew Stafford KC, Evelyn Sheehan, Amanda Tuminelli and Timothy de Swardt Explore Crypto Recovery from Insolvent Companies

Daniel Saval, Andrew Stafford KC, Evelyn Sheehan, Amanda Tuminelli and Timothy de Swardt wrote in Forkast about how recovering crypto assets from insolvent companies may be easier than one might think.

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Publications July 21, 2022

Jason Kang Speaks with South China Morning Post on US $255 Million Chinese Debt Enforcement Win

In a victory for creditors represented by Kobre & Kim, the Hong Kong High Court found Steven Zhang, president of Inter Milan and son of the founder of Chinese e-commerce retailer Suning, liable for US $255 million in a landmark verdict. Kobre & Kim’s Jason Kang, who argued the case with Francesca Ip, commented to South China Morning Post (SCMP) about the judgment.

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Publications July 20, 2022

Daniel Saval in Law360: Crypto Funds Recovery May Be Difficult

In the recent wave of cryptocurrency platform Chapter 11 bankruptcies, the question facing litigators, the platforms and their customers is who owns cryptocurrency held by bankrupt trading and investing platforms? Kobre & Kim’s Daniel Saval offered his insights to Law360.

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Publications July 20, 2022

Daniel Saval Unpacks Crypto Bankruptcy with CNBC.com

It is not clear yet what will happen in response to the several cryptocurrency firms that have filed for bankruptcy this month, an event that is unprecedented in the U.S. Kobre & Kim’s Daniel Saval sat down with CNBC.com to explain what may happen to users of these firms.

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Publications July 20, 2022

Daniel Saval on Crypto Property Rights with Fortune

The sudden bankruptcies of Celsius and Voyager, two large cryptocurrency platforms, left customers scrambling after the platforms claimed that the crypto deposits they held were corporate assets the firms can use to pay off larger creditors rather than belonging to the customers. Kobre & Kim’s Daniel Saval explained to Fortune why it may be difficult for customers to establish a property right to their assets.

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Publications July 8, 2022

Daniel Saval on Crypto Funds Recovery with MarketWatch

Several crypto companies have been reported to be in distress over the past few weeks, including Celsius, Babel Finance and CoinFlex, with digital asset broker Voyager filing for bankruptcy this week. Kobre & Kim’s Daniel Saval, who focuses on the intersection of digital currency and insolvency, sat down with MarketWatch to explain what this means for customers.

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Events May 31, 2022

Kobre & Kim Team Unpacks Cross-Border Cryptocurrency Insolvencies in GRR Webinar

The rise in cross-border insolvencies of cryptocurrency exchanges and trading platforms creates new challenges for stakeholders, from bankruptcy trustees, liquidators and creditors to victims of fraud looking to recover their stolen digital assets. Differing insolvency regimes make global asset recovery difficult, and bankruptcy estates increasingly have to compete with aggressive government regulators to collect stolen assets.

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Events May 18, 2022

Kobre & Kim and Global Restructuring Review To Host Discussion on Cross-Border Insolvencies and Cryptocurrency

The rise in cross-border insolvencies of cryptocurrency exchanges and trading platforms creates new challenges for stakeholders, from bankruptcy trustees, liquidators and creditors to victims of fraud looking to recover their stolen digital assets. Differing insolvency regimes make global asset recovery difficult, and bankruptcy estates increasingly have to compete with aggressive government regulators to collect stolen assets.

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Events December 7, 2021

Evelyn Sheehan Explores the Intersection Between Bankruptcy and Asset Forfeiture in ABI Panel

What conflicts arise when criminals facing asset seizure and forfeiture actions from U.S. prosecutors and regulators file for bankruptcy? Evelyn Sheehan, a former U.S. federal prosecutor focused on asset forfeiture, will discuss when she joins an American Bankruptcy Institute Winter Leadership Conference panel in Rancho Palos Verdes, California, at 2:00 pm Los Angeles time, December 10, 2021.

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Accolades November 23, 2021

Kobre & Kim Makes Global Restructuring Review’s Top Firms for 2021

Kobre & Kim has been named one of the world’s leading firms for international insolvency and restructuring matters by Global Restructuring Review (GRR) with its inclusion in the GRR 100. Several of the firm’s insolvency partners received particular mention as well, including New York-based Dan Saval and Farrington Yates; Cayman-based Peter Tyers-Smith and Ulrich Payne; and Hong Kong-based Timothy Haynes.

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Accolades August 20, 2021

Farrington Yates Recognized in Latest Edition of “The Best Lawyers in America”

Kobre & Kim’s Farrington Yates has been recognized in Best Lawyers’ latest edition of “The Best Lawyers in America,” placing him among the top lawyers within Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law rankings.

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Events August 4, 2021

Donna Xu Shares How to Start a Career in Bankruptcy in New York City Bar Webinar

The economic impact of the pandemic will likely lead to an uptick in bankruptcy filings and restructurings around the world, and attorneys with experience in the field will be in high demand. Kobre & Kim’s Donna Xu, who focuses on cross-border insolvency disputes, will discuss her career in bankruptcy and share how others can break into the field in a New York City Bar webinar at 6:00 pm New York time on August 5, 2021.

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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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Publications July 22, 2021

Vasu Muthyala, Nick Cherryman, Kiran Unni, Jef Klazen in Legal Era: How Indian Debtors Can Stand Up to Aggressive Global Lenders

As loan moratoria around the world, including the one set by the Reserve Bank of India, are set to expire in the wake of the COVID-19 pandemic, Indian debtors are likely to hear from their global creditors. But as Kobre & Kim’s Vasu Muthyala, Nick Cherryman, Kiran Unni and Jef Klazen explain in an article for Legal Era, debtors still have numerous tools to deploy if they face the wrong end of a financial giant’s global enforcement campaign.

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