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Presented by Evan Zucker

Examines one of the newer sections of the Bankruptcy Code, added under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to provide more a more effective mechanism for courts to address cross-border bankruptcy cases

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Chapter 15, Cross Border Insolvencies

Evan Zucker discussed Chapter 15 of the Bankruptcy Code, focusing on cross-border insolvencies. Key points included the objectives of risk allocation and value maximization in insolvency laws. He explained the differences between territorialism and universalism in cross-border insolvency, highlighting the advantages and challenges of each. Zucker detailed the adoption of the UN Model Law, emphasizing its integration into local insolvency laws and the importance of comity and cooperation between courts. He also covered the technical requirements for recognition of foreign proceedings, the distinction between main and non-main proceedings, and the implications of these distinctions on available relief.

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38 minutes 23 seconds

Bio :

Evan J. Zucker is Of Counsel in Blank Rome LLP’s Finance, Bankruptcy and Restructuring group in New York, where he concentrates his practice on corporate reorganizations and related complex litigation in national and cross-border matters. He frequently represents foreign representatives in chapter 15 proceedings, creditors’ committees, secured creditors, indenture trustees, executory contract parties and other key parties in interest. In 2022, Mr. Zucker was inducted as a member of the International Insolvency Institute and was a recipient of Global Restructuring Review’s “40 Under 40” award and INSOL International’s Future Forty award. In 2019, he was honored as one of ABI’s “40 Under 40.” Prior to becoming a member of the International Insolvency Institute, Mr. Zucker chaired the International Insolvency Institute’s NextGen Program. He currently is also the vice-chair of the Chapter 11 Advisory Committee for the U.S. Bankruptcy Court for Eastern District of New York, a member of the Junior Lawyer Training Initiative for the U.S. Bankruptcy Court for Eastern District of New York, and an active member of ABI. Mr. Zucker also is co-chair of Blank Rome LLP’s New York Pro Bono Committee and an adjunct professor on bankruptcy practice at St. John’s University School of Law, where he teaches both J.D. and LL.M. classes. He routinely publishes and speaks on bankruptcy topics, including the model laws promulgated by UNCITRAL’s Working Group V, asset-tracing and judgment-enforcement issues in insolvency proceedings, and the causes of retail insolvencies around the world. Previously, Mr. Zucker clerked for Hon. Jerome Feller, U.S. Bankruptcy Judge for the Eastern District of New York. He received his B.B.A. with high distinction from Emory University and his J.D. cum laude from St. John’s University School of Law.

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