Excerpt from Practical Guidance

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....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!