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The Issuance of a Subpoena on U.S. Citizens Residing Abroad via Social Media is an Authorized Alternative Means of Service under Rule 45 of the Federal Rules of Civil Procedure
Tayler Eynon
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
Balancing Confidentiality and Comity When Entering Discovery Related Protective Orders in Cross-Border Insolvency Proceedings
Conor Carman
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
In cross-border insolvency proceedings, the power to obtain information through discovery is essential for recovering assets for creditors. A recent decision by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”), In re Historic & Trophy Buildings Fund FCP-SIF , balances safeguarding sensitive information and facilitating cooperative efforts in foreign liquidation proceedings.
Indonesian Insolvency Plan Not Enforced Under Chapter 15
By: Anastasia Marie Greer
St. John’s University School of Law
In In re PT Bakrie Telecom TBK, the bankruptcy court for the Southern District of
York recognized an Indonesian insolvency proceeding under Chapter 15 of Title 11 of the United
States Code (the “Bankruptcy Code”), but denied a request to enforce the Indonesian
Mandatory Abstention is Available when Foreign Law Claims are Brought with State Claims
By: Matthew A. Seymour
St. John’s University School of Law
American Bankruptcy Institute Law Review , Staff Member
A U.S. Bankruptcy Court May Enforce a Foreign Restructuring in the U.S.
By: Priya Suresh
St John’s University School of Law
American Bankruptcy Institute Law Review Staff
Determining a Debtor’s Center of Main Interest in a Highly Integrated Enterprise
By: Loredana Miranda
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff
Debtor’s Center of Main Interest (“COMI”) can be Abroad, Despite Sole Asset’s Domestic Location
By: John Freeze
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff Member
Indenture Governed by New York Law Satisfies Property Requirement for Chapter 15 Case
By: Edward Cho-O’Leary
St. John’s University School of Law
American Bankruptcy Institute Law Review Staff Member
Foreign Third-Party Releases May Be Enforced Under Principles of Comity
By: Jennifer Delasco
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Court Must Balance Chapter 11 Trustee’s Rule 2004 Discovery Request Against Cost to Creditor
By: Patrick O’Connor
St. John’s Law Student
American Bankruptcy Institute Law Review Staff