Cross-Border Insolvency
Few insolvencies these days do not have a foreign element. The advice required may be contentious or non-contentious. Where appropriate we liaise with local lawyers in other jurisdictions. We have to take into account the relatively recent introduction the provisions of the EU Regulation on Insolvency Proceedings and the UNCITRAL Model Law on Cross-Border Insolvency.
Cases we have advised upon have included the following:
- An English insolvency of the subsidiary of a foreign company
- An English company affected by the insolvency abroad of its foreign parent
- an English insolvency of a foreign company with a place of business here
- an English creditor seeking recovery from an entity which is in formal insolvency abroad
- an English debtor facing recovery action by a foreign creditor which is insolvent
- an English insolvency practitioner seeking recovery of a debt owed by a foreign creditor
- an English purchaser of assets from an insolvent foreign company
- an English bankruptcy of a debtor with offshore companies and trusts a foreign purchaser of assets from an English insolvency practitioner
