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Steve Shimshak, Christopher Jarvinen and Claudia Tobler Discuss Cross-Border Bankruptcies
September 9, 2008 Full PDF
Bankruptcy partner Steve Shimshak and associates Christopher Jarvinen and Claudia Tobler's article, "The Paradox of Chapter 15: Rigid on Access, Flexible on Relief," appeared in the "Corporate Restructuring and Bankruptcy" special section of the September 8 New York Law Journal. The article discusses recent decisions under Bankruptcy Code Chapter 15, which offers representatives of foreign insolvency estates access to United States Bankruptcy Courts. To the surprise of many, those decisions have limited access through a "rigid" recognition process, even while, upon recognition, courts have fashioned a flexible range of relief for qualifying foreign debtors.