Determining COMI in US Chapter 15 Proceedings

Sean Zweig, Andrew Froh and James Atkinson of Bennett Jones share that the US Bankruptcy Court recently reaffirmed that a debtor’s “centre of main interests” may be rebutted from its place of incorporation where management, assets, and restructuring activity are centered elsewhere—granting provisional Chapter 15 relief and signalling continued scrutiny of a debtor company’s COMI.