Cross-Border Insolvencies

Our attorneys are experienced in cross-border insolvencies, restructurings, and offshore asset identification and recovery. We have assisted our international clients in United States insolvency proceedings and restructurings as well as foreign proceedings in such matters as claims and contract enforcement, asset acquisitions and dispositions, and litigation defense. We have also been involved in a number of ancillary and parallel United States proceedings in tandem with proceedings in other countries for cross-border businesses. Members of our group have assisted foreign representatives in obtaining recognition and cooperation from United States courts. Similarly, we have obtained recognition and cooperation from foreign jurisdictions to assist our domestic clients. We also served as lead United States counsel for a bankruptcy trustee in obtaining the first recognition decree under the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency.

• Representation of a Chapter 7 trustee in the bankruptcies of the owners of one of Mexico's largest integrated seed oil operations where we prosecuted the first petition ever filed under The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency seeking recognition of a United States bankruptcy decree in Mexico.
• Representation of a Chapter 11 trustee in the reorganization of an international exploration and production company operating in Columbia, South America.
• Representation of a Chapter 11 liquidating trustee in an international fraud case involving litigation and assets in the Isle of Man, Switzerland, Germany, Bahamas, Luxembourg, United Kingdom and other countries. As counsel for this trustee, Munsch Hardt was able to recover approximately $80 million in a bankruptcy case with listed assets of less than $300,000.
• Representation of a Chapter 7 trustee in jointly administered involuntary cases filed against the operators of a massive Ponzi scheme, with hundreds of avoidance cases against both domestic and foreign defendants including litigation in the Isle of Man. The case concluded with payment in full of all priority and secured creditors, and a 30 percent distribution to the general unsecured creditors.