Scheme Proceeding Commenced by Cayman Holding Company To Restructure Its New York Governed Debt Incurred To Support Chinese Real Estate Operations Obtains Recognition Under Chapter 15 in 'Modern Land'
The Bankruptcy Court for the Southern District of New York recently recognized a scheme of arrangement sanctioned by a court in the Cayman Islands, the debtor's place of incorporation, even though the debtor conducts substantially all of its business operations in the People's Republic of China.
August 24, 2022 at 11:00 AM
13 minute read
In cross-border restructuring situations, it is often necessary or advisable to have the orders of a foreign court recognized and enforced here, as well as enabling or enlisting the support of a U.S. court through proceedings that are ancillary or supportive to the foreign proceeding. A primary method of obtaining such relief in financial restructuring and insolvency proceedings is obtaining recognition for the foreign proceeding by a U.S. Bankruptcy Court under Chapter 15. The Bankruptcy Court for the Southern District of New York recently recognized a scheme of arrangement sanctioned by a court in the Cayman Islands, the debtor's place of incorporation, even though the debtor conducts substantially all of its business operations in the People's Republic of China. In re Modern Land (China) Co., Ltd., 2022 WL 2794014, Case No. 22-10707 (MG) (July 22, 2022). Chapter 15 of the Bankruptcy Code addresses the potential tension among the court in the jurisdiction in which an enterprise operates, the court in the offshore jurisdiction in which the parent is organized and the court in the jurisdiction governing the debt. In this case the bankruptcy court recognized the Cayman scheme, discharging debt subject to New York law for a real estate enterprise operating almost entirely in China. Relying upon the Second Circuit's ruling in Fairfield Sentry, overwhelming creditor support and the court's ability to effect the relief sought, the bankruptcy court concluded that the involvement of a local court and the presence of activities related to a Cayman scheme proceeding were sufficient to make the Cayman Islands the company's center of main interest (COMI). That determination provided the predicate for granting recognition to the scheme proceeding as a foreign main proceeding.
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