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The court appeared troubled by certain unhealthy facts and apparent conflicts and declined to implement the non-debtor releases.TheSino-Forestcourt applied traditional ideas of comity, specializing in the procedural equity of the Canadian proceedings. The court found that the parties had a full and fair alternative to litigate in Canada and enforced the non-debtor releases with out figuring out whether they would be available under the Bankruptcy Code.The foreign court’s perceived transparency seems to affect the divergent approaches. Inconsistency is likely to cause confusion, encourage forum purchasing and frustrate Chapter 15’s targets of certainty and equity.The U.S. Court of Appeals for the Ninth Circuit has not thought-about this problem.
This article concludes with some tips for secured lenders to mitigate the danger of a successful equitable subordination claim. This article supplies some practical advice regarding a change in how an individual debtor is to be identified on a financing statement …Read More