Vol 17 (2020) - Issue 5

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Recognition and Enforcement of Foreign Insolvency Orders in the US: Comity Still Works

Synopsis
US courts have a long history of granting comity and enforcing orders of foreign courts. Since the enactment of chapter 15 – the incorporation of the Model Law into the US Bankruptcy Code – foreign representatives generally have sought chapter 15 relief to obtain recognition and enforcement of an order in a foreign insolvency proceeding in the US. The decision in EMA Garp, however, is a reminder that comity is alive and well, and that chapter 15 may not be required to enforce foreign orders in the US.