Globalization is not a recent phenomenon, yet bankruptcy practitioners are often stumped when the bankrupt debtor has assets, liabilities or potential causes of action outside of the home country. In this podcast episode, three lawyers specializing in cross-border insolvency and litigation discuss recent developments in the United States, Great Britain and Brazil. A Brazilian lawyer will discuss Brazil’s recent implementation of the UNCITRAL Model Law on Cross-Border Insolvency. An English solicitor will look at remedies available in the English courts to support efforts to recover assets, in accordance with the principles in the Model Law and more generally through Mareva/freezing injunctions and Norwich Pharmacal Orders. A US lawyer will address the treatment of corporate groups in cross-border cases and recent decisions of interest arising under the Model Law.
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