March 2023

Smooth Landing for Foreign SPVs in US Courts

American Bankruptcy Institute Journal
Lynne B. Xerras | Barbra R. Parlin

Bankruptcy attorneys Lynne Xerras and Barbra Parlin wrote an article for the American Bankruptcy Institute Journal discussing the holding of In re JPA No. 111 Co. and its implications for cross-border restructuring cases. They explain that this case demonstrates how the threshold to Section 109 eligibility can be met, even by a debtor with no true ties to the U.S., when the debtor and the presiding court follow the guidance the Bankruptcy Code provides to those seeking relief. The authors state why the JPA holding is not a groundbreaking case, but an example of what Section 109 has to offer the global restructuring industry as access to U.S. bankruptcy courts.

READ: Smooth Landing for Foreign SPVs in U.S. Courts

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