Cross-Border Asset Recovery in Insolvency - Practical Strategies, Remedies & Enforcement

Introduction

Recovering assets in an insolvency can become considerably more challenging when assets, companies, individuals and evidence are spread across multiple jurisdictions. Insolvency practitioners and lawyers need to understand how office-holder powers interact with asset tracing remedies, disclosure and preservation measures, foreign proceedings and the rules governing recognition and enforcement.

This new live virtual classroom seminar will provide a practical overview of the key tools available in England and Wales for tracing and recovering assets in an international insolvency. It will examine how insolvency powers can be used alongside wider civil remedies and the practical steps involved in obtaining information, securing assets and pursuing recovery where assets or evidence are located overseas.

The session will also consider the latest developments in international insolvency cooperation and what they mean for practitioners planning and implementing cross-border recovery strategies.

What You Will Learn

This live and interactive session will cover the following:

• Using insolvency as an asset recovery tool, including the powers and duties of office-holders and the advantages of insolvency proceedings when investigating assets and transactions
• Obtaining information and evidence through insolvency powers, disclosure mechanisms and court assistance
• Tracing assets and establishing the legal basis for recovery, including proprietary claims, knowing receipt, dishonest assistance and unjust enrichment
• Following assets through corporate structures, including issues involving nominees, related companies, sham arrangements and attempts to conceal ownership
• Preserving assets using freezing and proprietary injunctions, disclosure orders and other interim remedies
• Cross-border recognition and assistance, including the Cross-Border Insolvency Regulations 2006, the UNCITRAL Model Law and other routes to obtaining assistance from foreign courts
• Understanding the distinction between recognition and recovery, including issues of title, avoidance claims and enforcement against overseas defendants
• Enforcing insolvency-related claims and judgments internationally and bringing overseas assets within reach of creditors
• Practical considerations when dealing with jurisdictions such as the BVI, Cayman Islands, Jersey, Guernsey and the USA
• Developing an effective recovery strategy, including where to investigate, where to seek interim relief, where to commence proceedings and how to coordinate advisers across jurisdictions
• Future developments in the UNCITRAL framework and the evolving approach to cross-border recognition, cooperation and enforcement

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.