Cross-Border Strategy: O Canada — U.S. Companies Look North for Main Insolvency Proceedings

Madlyn Primoff, Alex Rich and Sarah Margolis of Freshfields describe a growing cross-border strategy in which US-based companies with Canadian ties commence primary proceedings under the CCAA or BIA in Canada and then seek Chapter 15 recognition in the United States, leveraging Canada’s flexibility on third-party releases and restructuring tools while securing US automatic stay protection and Section 363 sale powers.

Read more.