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2015 New York City Bankruptcy Conference

Cross-Border Bankruptcy Issues

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Nortel (two courts simultaneously trying allocation issues); Suntech, Barnet and subsequent bankruptcy court decisions on remand (recognition and § 109(a)); Fairfield Sentry Limited (sale of SIPA claims); enforcement of judgments (Argentina litigation, Madoff); filing of chapter 11 cases by foreign debtors (Alsacia); extraterritoriality issues regarding avoidance actions (Madoff decisions). Do Fairfield, Quimonda, and Madoff represent a retreat from the principle of comity set forth in chapter 15?

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