News 08 Jan. 2021
Curtis Adds Africa Insider and Corporate Partner Kalidou Gadio in the U.S.
News 18 Nov. 2020
Libya Obtains Historic Victory in Setting Aside of EUR452 Million Arbitral Award
News 15 Dec. 2020
Kazakhstan Secures US$1.9 Billion in Settlement of Arbitral Dispute
News 26 Feb. 2020
Curtis Secures Comprehensive Victory for the Republic of Kazakhstan’s Committee of Roads
Event 05 Jan. 2021
Partner Robert Honeywell participates in Fundación Fide panel on U.S. and Spanish Insolvency Systems
News 20 Dec. 2020
Curtis Counsel Fuad Zarbiyev Nominated for Membership in International Law Commission
Event 19 Jan. 2021
Partner Gabriela Alvarez Avila Participates in Instituto Peruano de Arbitraje’s Third International Women in Arbitration Conference
News 17 Dec. 2020
Partner Antonio Prida and Associate Irene Cuellar Publish Article on Mexico Potentially Incorporating The UNCITRAL Model Law and The Singapore Convention into National Legislation
Client Alert 13 Jan. 2021
The U.S. Court of Appeals for the Ninth Circuit Upholds Qatar’s Sovereign Immunity in Cyberespionage Case
Event 09 Jan. 2021
Partner Charles Howland Serves as Judge for the Stetson International Environmental Moot Court Competition
Client Alert 30 Dec. 2020
U.S. Insight: Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: December 30, 2020)
U.S. Insight: Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: December 30, 2020)
Publications February 22, 2011
Partners L. P. Harrison 3rd, Jerrold L. Bregman and Timothy A. Barnes of Curtis' Restructuring and Insolvency practice group wrote an article, 'Taking It Back -- Recovering Transfers in Bankruptcy' that was published in the February 10, 2011 edition of The New York Law Journal's special GCNY (General Counsel New York) section.
The article focused on strategies that foreign debtors, and their duly recognized representatives, may employ, under Chapters 15, 7 and 11 of the Bankruptcy Code, to avoid and recover pre-bankruptcy transfers, such as fraudulent conveyances and preferences.
Chapter 15 covers cross-border cases with an emphasis on facilitating the restructuring and liquidation of foreign estates through ancillary proceedings in the U.S. When Chapter 15 started in 2005, it was thought that foreign representatives may not come to the United States to recoup assets pursuant to the avoidance actions provisions of the U.S. Bankruptcy Code. However, recent cases have seemingly opened the door to allow a foreign representative to use U.S. avoidance provisions in conjunction with chapter 7 and chapter 11 cases.
The article covers some of those cases and explores the text of relevant sections of the Bankruptcy Code.