§ Practice area 07
Bankruptcy and cross-border insolvency
Insolvency rarely respects borders. Andre represents foreign debtors and court-appointed representatives seeking recognition of their proceedings in the United States under Chapter 15, and creditors and debtors in litigation before the United States Bankruptcy Court for the Southern District of Florida.
Chapter 15 and the bankruptcy court
Chapter 15 of the Bankruptcy Code lets a representative of a foreign insolvency proceeding ask a United States court to recognize that proceeding. Recognition brings powerful tools: a stay of creditor action against the debtor’s assets in this country, discovery into those assets and the people who hold them, and the court’s assistance in turning them over to the foreign estate. South Florida, with its concentration of foreign-owned real estate and accounts, sees many of these cases.
The firm also represents creditors and debtors in the ordinary work of the bankruptcy court: proofs of claim, motions for relief from the stay, objections, adversary proceedings and the defense of preference and fraudulent-transfer claims. Much of this work involves Russian-speaking parties and evidence that must be translated and authenticated for a United States court.
Matters we handle
- Chapter 15 petitions for recognition of foreign main and nonmain proceedings
- Discovery and asset investigation in aid of foreign proceedings
- Representation of foreign representatives, trustees and liquidators
- Creditor representation: proofs of claim, stay relief and objections
- Defense of preference and fraudulent-transfer claims
- Adversary proceedings and contested matters
- Expert and foreign-law evidence, including translated records and foreign-law declarations
How a Chapter 15 case moves
From the foreign order to relief in Florida.
- 01
Evaluate the foreign proceeding
Whether it qualifies, whether it is a main or nonmain proceeding, and what relief it needs here.
- 02
Petition and recognition
The petition, the supporting declarations and the recognition hearing before the bankruptcy judge.
- 03
Relief
The stay, discovery into assets and their holders, and turnover or other relief the estate requires.
- 04
Administration and coordination
Ongoing work with counsel abroad, the foreign court and the United States court as the case proceeds.
Common questions
What clients ask about Chapter 15.
What is Chapter 15?
The part of the United States Bankruptcy Code that lets a foreign insolvency proceeding be recognized here, so that the foreign estate can protect and recover assets located in the United States with the help of a United States court.
Can a foreign trustee obtain documents and testimony in the United States?
Yes. After recognition, the court may authorize discovery concerning the debtor’s assets, affairs and liabilities, including examinations of people and entities in this country who hold information or property.
Does recognition freeze the debtor’s assets?
Recognition of a foreign main proceeding brings the automatic stay into effect as to the debtor’s property in the United States. Additional relief, including provisional relief before the hearing, can be requested where circumstances require it.
Do you handle personal bankruptcies?
The firm’s bankruptcy work centers on cross-border and business matters and on litigation within bankruptcy cases. For a personal Chapter 7 or Chapter 13 filing we will tell you candidly whether we are the right fit, and refer you if not.
An insolvency matter with assets in Florida?
Consultations in English or Russian, in Boca Raton or by video.