WilmerHale Partners George Shuster and Benjamin Loveland recently published an article in the March 2021 ABI Journal titled, “Keeping Chapter 15 Ancillary – Standalone Litigation in the Cross-Border Context.”
Excerpt: The commencement and continuation of standalone litigation in U.S. courts in the context of chapter 15 insolvency cases raises important issues of cross-border insolvency policy and practice. Two recent decisions from different courts — the U.S. District Court for the District of Delaware and the U.S. Bankruptcy Court for the Western District of North Carolina — demonstrate how the plaintiff’s identity and the nature of the action can influence whether and where a standalone complaint will be able to proceed in U.S. courts while a chapter 15 action involving one of the parties is also pending.
