ABSTRACT
This chapter explores the possibility of United States operating companies choosing to initiate insolvency proceedings in England to bypass the rules of Chapter 11. Having done so, the company would then seek – and likely receive – a recognition and enforcement order in the United States through Chapter 15 of the Bankruptcy Code. The chapter suggests that the frequency of companies using this maneuver is likely to increase in the near future. It also identifies various factors that could push the trend up or down.
Casey, Anthony, The Lure of English Proceedings: Forum Selection from the United States to England (August 15, 2024). Appears in Corporate Restructuring Law in Flux (2025) (eds Jennifer Payne and Kristin van Zwieten)
https://www.bloomsbury.com/uk/academic/law/.
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