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 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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Publications July 20, 2021

John Han, Jason Kang and Gabrielle Liu on New Opportunities from PRC-HK Cross-Border Insolvency Agreement

By signing a new cross-border insolvency agreement with China, Hong Kong is positioned to become the only jurisdiction outside the mainland where mutual recognition and assistance of insolvency proceedings is allowed, opening new doors for creditors in building a global asset enforcement campaign. Kobre & Kim’s John Han, Jason Kang and Gabrielle Liu explore the implications in an article for Law.com International.

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Events July 12, 2021

Should Distressed Chinese Companies Restructure? Jason Kang Joins Panel at China NPL Management and Restructuring Summit

The global economic downturn has left a growing wave of defaults and non-performing loans (NPLs) in its wake in China. At the end of 2020, the Chinese banking sector’s NPL balance amounted to 3.5 trillion yuan. Kobre & Kim’s Jason Kang will join a panel discussion at the 7th China NPL Management and Restructuring Summit in Shanghai on what distressed Chinese companies can do on July 15, 11:30 am local time.

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Events June 14, 2021

Farrington Yates to Join Panel on Investment Opportunities of Brazilian Bankruptcy Law Reform

With the recent reform of the Brazilian Bankruptcy Law, Kobre & Kim’s Farrington Yates will join a Brazil-Florida Business Council panel to discuss the opportunities presented to international investors at 5pm Miami time/6pm São Paulo time, June 16, 2021.

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Events May 27, 2021

Farrington Yates, Daniel Saval and Evelyn Sheehan Speak at Asset Recovery Americas 2021 Virtual Conference

A trio of Kobre & Kim lawyers with extensive backgrounds in Asset Recovery are all making an appearance at the 2021 Asset Recovery Americas Virtual Conference on May 27, 2021.

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Events May 7, 2021

Rebecca Hume Joins London International Disputes Week Virtual Panel on Evolving Cross-Border Insolvency Landscape

The cross-border insolvency landscape had been evolving dramatically, even before the onset of the COVID-19 pandemic. As part of the London International Disputes Week, Kobre & Kim’s Rebecca Hume, who is the Chair of RISA Cayman, a chapter of INSOL International, will share her insights into these dynamics in a virtual panel discussion on May 10, 5:30 pm London time.

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Events April 8, 2021

John Han and Reorg on How Activist Investors Can Apply Creative Enforcement to Distressed Debt Strategies

Kobre & Kim’s John Han joined the “China Fortune Land Development State of Play, Trading in Distressed Debt Through Creative Enforcement” webinar hosted by Reorg on Wednesday, April 7 to discuss the default of China Fortune Land Development (CFLD) and the resulting shockwaves in the Chinese high-yield market. 

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Events March 19, 2021

Nicholas Surmacz to Lead Panel on Extradition Claims at C5 Fraud, Asset Tracing & Recovery Conference

Kobre & Kim’s Nicholas Surmacz will moderate a panel on defending and prosecuting extradition claims in fraud matters at the virtual Fraud, Asset Tracing and Recovery Geneva conference hosted by C5 on March 24, 2021 at 1:30 pm CET / 8:30 am EDT. 

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Events February 16, 2021

Timothy Haynes to Join Panel on Insolvency Powers in Cross-Border Asset Recovery Cases

Kobre & Kim’s Timothy Haynes will join a panel on insolvency powers in cross-border asset recovery cases at the Asset Recovery Middle East virtual conference hosted by Informa on February 17, 2021 at 11:20 am Arabian Standard Time. 

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Firm News February 5, 2021

Kobre & Kim Cayman Lawyers Elected to RISA Leadership Posts

At the recent Recovery and Insolvency Specialists Association (RISA) Cayman annual general meeting, Kobre & Kim’s Rebecca Hume, a director at RISA Cayman, has also taken over the role as Chair of the Board.

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Firm News January 27, 2021

Judgment Creditors, represented by Kobre & Kim, Win Rare Order Dismissing Rolta Chapter 11 Cases

A federal bankruptcy judge has dismissed Chapter 11 cases filed by subsidiaries of the IT multinational company Rolta India Ltd., finding that they “did not have a realistic ability to effectively reorganize.” 

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Publications January 26, 2021

Wealth Talk: Farrington Yates on Using U.S. Insolvency for Cross-Border Information Gathering

It may be surprising to learn that there can be a broad overlap between U.S. bankruptcy law and litigation involving high-net-worth individuals (HNWIs), but as Kobre & Kim’s Farrington Yates explained in the tenth episode of Kobre & Kim’s series with Family Wealth Report on global challenges facing HNWIs, the available tools can be powerful.

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Events November 17, 2020

Nick Cherryman Joins Panel on Debt Enforcement Strategies for Indian Banks with Non-Performing Loans

A critical issue for Indian banks has been the amount of non-performing loans weighing down their balance sheets and profitability. Fortunately, as Kobre & Kim’s Nick Cherryman will discuss on an InformaConnect virtual panel at 4:45pm New Delhi time / 11:15am London time, November 19, 2020, there are global solutions to this seemingly intractable problem.

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Events November 16, 2020

Rebecca Hume to Lead INSOL International Virtual Panel on Successful Global Restructuring

Join Kobre & Kim’s Cayman-based Rebecca Hume, who has deep experience handling complex insolvency litigation linked to offshore jurisdictions, as she chairs an INSOL International virtual panel on successful global restructuring at 9am Cayman time / 2pm GMT, November 18, 2020.

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