Key Issues To Consider In Foreign Bankruptcy Proceedings
By Dan Moss and Mark Douglas ( September 19, 2019, 5:27 PM EDT) -- In the case of In re PT Bakrie Telecom Tbk,[1] the U.S. Bankruptcy Court for the Southern District of New York provided a primer on several important issues that a court may have to consider in ruling on a petition for recognition of a foreign bankruptcy proceeding under Chapter 15 of the Bankruptcy Code. These include the requirement that a foreign debtor have property in the U.S. before being eligible for Chapter 15, the rules regarding the appointment of a foreign representative for the debtor, what qualifies as a collective proceeding for the purpose of Chapter 15 recognition, and the public policy exception to recognition. The court ultimately denied a noteholder group's motion for summary judgment denying recognition of a debtor's Indonesian restructuring proceeding because of questions of fact regarding all of these issues....
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