An Englishman in New York

    View Author March 2014

    In this article, we look at:-

    • the differing factors used by the English and US Courts to interpret an individual debtor's COMI
    • how a UK office holder can use the US Chapter 15 process to gain assistance of the US Courts to recover US assets for a UK insolvency
    • the relevant date which the US Courts use to determine where an individual’s COMI is located for the purpose of Chapter 15 proceedings and
    • we use the case of In re Kemsley to illustrate how the date and method of assessment of an individual’s COMI can affect the outcome of the case.

    *This article was first published in Corporate Rescue and Insolvency Journal In February 2014.