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Judge David Jones takes under advisement motions to convert MatlinPatterson Chapter 11 cases to Chapter 7, examining whether the debtors' wind-down constitutes a species of rehabilitation. Court Takes Under Advisement Motions to Convert MatlinPatterson Cases to Chapter 7, Says Decision Turns on Whether Wind-Down of Debtors’ Businesses Counts as ‘Species of Rehabilitation’ Open In the News Open April 8, 2022 3 minutes read Sequor Law At a hearing today in the MatlinPatterson Global Opportunities Fund debtors’ chapter 11 cases, Judge David Jones took under advisement the chapter 7 conversion motions filed by the foreign representative in the chapter 15 case of Varig Logistica SA, or VarigLog, and litigation plaintiff Gol Linhas Aéreas SA, referred to by its predecessor name, VRG. Judge Jones informed the parties that he would issue a decision on the conversion motions in the near term. HJDK Aerospacial S/A, which has asserted a $17.5 million claim against the debtors for failure of a portfolio company to repay certain loans in Brazilian civil courts, had also filed a statement in support of the conversion motion. Debtors’ counsel disputed the amount of HJDK’s claim at today’s hearing, saying that HJDK has only a $4.5 million claim. Judge Jones opened the hearing by informing the parties that his primary focus in considering the motions was whether the debtors had a “reasonable likelihood of rehabilitation” under the relevant provision of the Bankruptcy Code. Given the nature of the debtors’ business as investment vehicles for private equity investors, Judge Jones questioned whether using chapter 11 to wind down the investment vehicles by “clearing” the foreign litigation claims order to make payouts to investors and otherwise implement their business model was a “species of rehabilitation.” Judge Jones also said he would take into consideration whether staying in chapter 11 would result in a “substantial or continuing loss to or diminution” of the debtors’ estates. Judge Jones commented that it was “hard to see” how the administrative burn rate in the cases did not constitute some form of diminution, given the absence of revenues coming into the estates. Gregory Grossman of Sequor Law, counsel for the VarigLog foreign representative, said that the chapter 11 cases amounted to a “preplanned dissolution” of the debtors, and although that might be part of the debtors’ business model, this could not constitute a “rehabilitation” under the Bankruptcy Code. Grossman argued that treating such a preplanned dissolution as a rehabilitation under the Code would lead to “mischief” because companies could, prior to filing for chapter 11, modify their corporate governance documents to require dissolution by a date certain in order to pre-emptively defeat chapter 7 conversion motions. Tyler Robinson of Simpson Thacher, counsel for the debtors, argued that the rehabilitative purpose of filing the chapter 11 cases is to carry out the “intended purpose” of the debtors’ businesses, which “first and foremost” is to return capital to their investors. Robinson explained that the foreign litigation claimants had frustrated those efforts, ultimately causing the debtors to file the chapter 11 cases. Robinson said that in order to maximize the value of the estates, the debtors needed a “centralized process” for determining which parties held valid claims in order to ratably distribute estate assets. Robinson warned that it would be a “dangerous proposition” for the court to find that private equity funds and hedge funds should not be able to use chapter 11 to wind down their affairs. Robinson also argued that U.S. Supreme Court precedent supports the proposition that liquidation is an appropriate use of the chapter 11 process and that other courts have found a confirmable liquidating plan to be sufficiently rehabilitative to defeat a motion to convert. Arthur Steinberg of King & Spalding, counsel for VRG, argued that the debtors’ prepetition conduct justified conversion. Steinberg alleged that the debtors had covertly collateralized all their assets in favor of a nondebtor insider and transferred assets out of the estates prior to filing. Steinberg added that the debtors had no assets to liquidate, no revenue, no employees and “no public interest to protect.” According to Steinberg, the estates needed an estate fiduciary who is not “fronting for equity in the case” and that installing a chapter 7 trustee would cure the issue of “faithless fiduciaries” and satisfy the need for an independent investigator. Ralph E. Preite of Koutsoudakis & Iakovou, counsel to HJDK, told the court that after a decision by a Brazilian appellate court entered on Nov. 19, 2021, the appeals process had been exhausted and that the claim was therefore “final.” Elizabeth Curran of Schulte Roth & Zabel, conflicts counsel for the debtors, disagreed with Preite’s view that the litigation was over. According to Curran, the November 2021 decision related to a jurisdictional argument, and an appeal of the “full merits” of the matter is still pending. Curran added that there were still at least two additional levels of appeals available to the debtors in the Brazilian courts. To read the original article click here . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Attorney Spotlight: Sequor Law's Juan Mendoza shares his journey into law, his passion for problem-solving, and his work in cross-border insolvency and asset recovery at the firm. Attorney Spotlight: Juan Mendoza Open Attorney Spotlight Open July 30, 2021 3 minutes read Sequor Law Our Sequor Law attorneys are some of the best in the industry. That’s why we’ve created the Attorney Spotlight, a monthly series that gives you a glimpse into the lives of our attorneys and their unique insights. To kick off our series, we interviewed Juan Mendoza . What inspired you to study law? It was really a collection of moments that inspired me to pursue law. When I was younger, I was very indecisive about what I wanted to do. I studied economics and finance during college because I enjoyed business and I liked to understand how things worked. I was even interested in pursuing engineering at one point, but it wasn’t until I took a law class that I started to develop an interest. At the time, I was part of the Honors College at Arizona State University, and they allowed me to take graduate coursework such as health law and the philosophy of law. I fell in love with the problem-solving aspect, the fact that it was intellectually fulfilling, and that I was able to help people in the process. For me, trying different things was the key to helping me discover what was the best fit for my personality. What practice areas do you focus on? I focus on domestic and cross-border bankruptcy and commercial litigation. Typically, these are cases involving fraud allegations. What is most exciting to you about being a lawyer in this day and age? In this day and age, everything is so expeditious. With phone and email, everyone expects you to answer quickly, and during the COVID-era, the legal industry has learned to adapt. Many judges are now holding remote hearings and actually prefer it to in-person hearings. Clients also understand that zoom is king, so most of them want to have meetings over video. This has opened up opportunities to network and interact with professionals and potential clients, no matter where we live. In the case of cross-border insolvencies, I’ve also seen exciting developments in the interconnectivity of businesses and the legal framework. Due to the model law, we now have a mechanism that recognizes cross-border insolvency cases. I’ve also noticed that many other countries have implemented similar frameworks that allow them to recognize and assist U.S. bankruptcy cases in foreign jurisdictions. This will lead to more coordination, cooperation, and helps us know what to expect. What advice would you give to young attorneys? Always be a sponge. Whenever you have an assignment, learn as much as you can about the subject. Early on in your career, you have the luxury to be very thorough. Once you become more senior, people will expect you to know the answers off the top of your head and you won’t have the opportunity to research, so it is important to take advantage of this time. Find some mentors, both at your firm and outside your firm. Look for someone you can bounce ideas off of, ask questions, and get career guidance. But remember this goes both ways, so it is important to cultivate and nurture those relationships. Get involved. Find an organization or two that you want to be involved in and be active. Don’t just go to the meetings – partake in projects, get into leadership, and meet other members. This is especially helpful as a young attorney because you have the opportunity to build your network and learn from other attorneys. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Get to know Sequor Law Attorney Joseph Rome, an asset recovery and commercial litigator who shares insights on his practice, career path, and his approach to complex fraud and insolvency matters. Attorney Spotlight: Joseph Rome Open Attorney Spotlight Open June 6, 2023 2 minutes read Sequor Law What inspired you to pursue a law career? I don’t come from a family with many lawyers. As I started meeting friends of friends that were lawyers, and I realized we were on the same intellectual wave length, which made me want to be part of their community. Only later did I start to develop a deep understanding and enjoyment of the work that lawyers do day to day. What skills do you draw upon when it comes to your specific practice areas? I am lucky to be able to apply a lot of skills as an asset recovery and commercial litigator, but the one that has been the most important is curiosity. And yes, curiosity is a skill—it takes practice to consider what pieces of the puzzle are missing, to see beyond the surface of what someone might be telling you, and to ask those follow up questions and investigate further until you really, deeply understand an issue. Why did you choose those areas of law? They allow me to apply so many of the skills that I’ve spent so much time cultivating—my cases are frequently international and cross-cultural, I get to employ my language skills, I get to test myself arguing in court, I get to write persuasive briefs, I get to meet (and occasionally cross-examine) interesting people, and I get to learn and explain interesting, complex business practices. What is the most rewarding part about your job? Even in situations where I may not be able to promise to deliver the legal result that a client might wish for, it’s incredibly rewarding to be able to help a client understand what the law says and for them to feel like their case has been fully presented in the strongest possible way. Tell us about a mentor who made an impact on your career. When I was working as a prosecutor, I had a mentor that pulled me onto one of her cases for a discrete task, but then proceeded to make sure that I truly understood everything that was happening on the case. She was incredibly open to explaining why she was doing everything that she was doing and tried hard to find ways to involve me in the process, which ended up being a great way for me to develop as an attorney. If you weren’t practicing law, what would you be doing? I have a master’s in East Asian History, so I would probably have done a PHD and become a professor teaching Chinese or Japanese history and art history. What might people be surprised to learn about you? I run-commute to the office. It’s a fantastic way to clear my head at the start and end of the workday. What is a good book you read recently? Hands down, the Neapolitan Novels by Elena Ferrante. I guess that’s technically four books, but they were apparently written as a single story. They describe a world that is both exotic and familiar, both specific and universal, and I couldn’t stop thinking about them for weeks after I finished. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Sequor Law's Arnoldo Lacayo and Cristina Vicens win an Eleventh Circuit affirmation of Section 1782 orders, securing key discovery for a client in a foreign marital asset proceeding. 11th Circuit Court Of Appeals Affirms Sequor Law Section 1782 Orders Open Case Results Open November 17, 2020 1 minute read Sequor Law Sequor Law, led by Arnoldo B. Lacayo and Cristina Vicens , secured a favorable ruling from the Eleventh Circuit Court of Appeals affirming the district court’s orders holding that Sequor Law’s client was entitled to receive judicial assistance under 28 U.S.C. § 1782. In In re Application of Rigail Pons , Sequor Law represents an ex-wife in a foreign proceeding where the foreign court is charged with conducting an inventory of marital assets. Based on indicia that the ex-husband did not completely and accurately disclose his marital assets, Sequor Law was able to deploy Section 1782 successfully to obtain documents and testimony from financial institutions and other discovery targets that had documents and information about marital assets that the ex-husband should have, but did not, disclose before the foreign court. The Eleventh Circuit agreed with the district court, that the evidence sought would be “for use” in the foreign proceeding where the ex-wife would have the opportunity to use the evidence to request that the foreign court carry out a supplemental inventory of marital assets, including assets that were not disclosed during the original inventory proceeding. This decision in favor of Sequor Law’s client is the second significant Section 1782 decision obtained by the firm at the Eleventh Circuit Court of Appeals following the 2014 decision in In re Application of Consorcio Ecuatoriano de Telecomunicaciones S.A. Click here to read the full opinion. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Meet Sequor Law's new partners Leyza B. Florin and Fernando Menendez in this Q&A about their cross-border insolvency and asset recovery practices and why they joined the firm. Partner Q&A Open Attorney Spotlight Open July 3, 2018 4 minutes read Sequor Law This June, we welcomed two new powerhouse attorneys as partners at Sequor Law. We sat down with Leyza B. Florin and Fernando Menendez to discuss what led them to our firm, their viewpoints on their unique practice areas, and their interests and community involvement. Why did you decide to join Sequor Law? Fernando – Being geographically situated in Miami, which serves as a gateway to Latin America and a hub for international business, Leyza and I were excited by the possibilities presented in joining a firm with a great depth of experience and knowledge in the international asset recovery arena. We have known the lawyers at Sequor Law professionally for many years and greatly admire their practice. We believe that our addition to this exceptional team creates natural synergies, adds to the firm’s resources and helps us all respond to the needs of our clients worldwide. Leyza – Sequor Law presented an excellent opportunity to join professional colleagues who are world-class experts in the fields of Insolvency, Creditors’ Rights and Asset Recovery, and who would augment my cross-border practice with an already established global presence in those fields. What do you think is unique about the firm? Fernando – The firm’s depth of experience in international asset recovery matters is truly impressive. In the few short weeks since joining the firm, I’ve had the opportunity to assist clients and work with global teams on matters with ties, not only to the U.S., but to the U.K., Gibraltar, Luxembourg, Panama, Turkey, and Romania. I don’t know that I could say that anywhere else. Leyza – Sequor Law is unique because it is a specialized firm with a niche practice and global reach in the Insolvency, Restructuring and Asset Recovery space. How are your practice areas important for Sequor, and/or in general? Fernando – I’ve focused my practice on bankruptcy and creditors’ rights matters for some time. Sequor’s focus on representing companies and individual clients in the areas of asset recovery, financial fraud, insolvency and financial services litigation fits perfectly within the scope of the work I’ve done throughout my career. I believe that our addition to the team will amplify the firm’s already formidable resources, and allow us to better assist and respond to the needs of our clients, whenever and wherever they may arise. Leyza – Our practice areas have synergy with Sequor’s existing cross-border insolvency and restructuring practices. We look forward to adding to Sequor’s already deep bench in these areas. How do you see your practice areas evolving or changing in the next 5-10 years? Fernando – In a world that (at least as it relates to commerce) is getting smaller by the day, I see the scope of my work expanding to meet the needs of U.S.-based clients engaged in international business, and to assist clients in their asset recovery efforts around the world. Leyza – I see our practice evolving to expand the use of U.S. Courts to assist clients from all parts of the world in asset recovery and insolvency proceedings. What special strengths do you bring to Sequor? Fernando – During my career, I’ve had the opportunity to handle numerous types of bankruptcy and insolvency matters from a number of different perspectives. In addition to working for plaintiffs and defendants in various fraudulent transfer and avoidance cases, I’ve also assisted a broad range of clients acting in various capacities in bankruptcy and other litigation proceedings, including debtors, trustees, secured creditors, bondholders, judgment creditors, and shareholders. I think the broad range of my prior engagements provides the benefit of multiple perspectives on how to handle new challenges. Leyza – We bring additional depth of experience in both cross-border and domestic insolvency and creditors’ rights matters as well as the ability to counsel clients in Spanish, as we are native Spanish speakers. How do you give back to the community? Fernando – My wife and I contribute to several charities that are primarily focused on assisting children in developing countries. Leyza – For many years, I have taught law students in clinical programs with the goal of serving the profession of law and the community. Most recently, I have assisted with a medical/legal partnership clinic assisting students with indigent clients who seek pro bono assistance in insolvency matters. I am also committed to increasing diversity and inclusion in the legal profession and to this end have served in various leadership roles, including Treasurer of the Florida Bar’s Business Law Section and Finance Director of IWIRC (International Women’s Insolvency & Restructuring Confederation.) When I served as President of the Bankruptcy Bar Association of the Southern District of Florida, I brought the Credit Abuse Resistance Education Program (C.A.R.E.) to South Florida, and then throughout the state. The C.A.R.E. Program teaches students of all ages the dangers of credit abuse. Through this program, we have presented to students in middle schools through to university freshmen. I am still involved in this program and most recently presented to students at the Department of Juvenile Justice in collaboration with the Legal Up Program. Teaching at-risk students and foster youth in transition about the dangers of credit abuse has been a good way to merge my skill set and experience as a bankruptcy lawyer with my love of teaching. What is something people don’t know about you? Fernando – Last year, I decided to take on the challenge of building a large wooden deck in my backyard. Not being a carpenter, and working only on weekends, the project turned out to be somewhat ambitious, and took far, far, . . . far longer than anticipated. Although it was a very rewarding experience, I’m fairly certain that my wife will insist that all future carpentry be left to the professionals. Leyza – Many people do not know that law is my second career, having worked as a public school teacher prior to and during my law school years. Since then, I have also served as an adjunct professor teaching law students. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Sequor Law opens its Washington, D.C. office led by Tara Plochocki, strengthening asset recovery and cross-border dispute capabilities. Meet the Leader of Sequor Law’s New DC Office Open In the News Open June 7, 2024 2 minutes read Sequor Law Sequor Law has expanded its national footprint with the launch of its Washington, D.C. office, marking a strategic move that strengthens the firm’s position in complex Asset Recovery and cross-border disputes. The new office is led by Tara Plochocki , a seasoned practitioner in international financial litigation who joins the firm to further develop its presence in high-stakes, global matters. The expansion reflects a deliberate evolution. For more than two decades, Sequor Law has built a reputation as a premier boutique focused on International Litigation , financial fraud, and global enforcement strategy. Establishing a D.C. presence signals to the market that the firm operates on a fully national platform, positioned at the center of regulatory, diplomatic, and investor-state dispute activity. Plochocki brings significant experience in cross-border financial disputes, commercial litigation, and sovereign-related matters. Her longstanding involvement with ICC FraudNet, a global network of asset recovery practitioners, aligns directly with Sequor’s international reach. She has worked extensively on matters involving misappropriated funds, transnational enforcement, and complex recovery efforts across jurisdictions. Washington, D.C. offers strategic advantages. The district is a hub for investor-state disputes and international arbitration, areas that intersect naturally with International Arbitration and sovereign asset tracing. Sequor’s growth in this arena reflects increasing demand for coordinated litigation strategies that combine U.S. court proceedings with parallel actions abroad. The firm’s focus remains disciplined. Asset Recovery , financial fraud litigation, Creditors’ Rights , and cross-border commercial disputes continue to define its core practice. At the same time, Sequor is deepening its work in anti-corruption matters and recovery actions involving sovereign assets. These cases often require navigating U.S. enforcement actions while ensuring restitution reaches victims rather than being absorbed into general government recovery pools. Plochocki’s leadership in D.C. reinforces Sequor’s collaborative model. The firm emphasizes integrated teamwork across offices, ensuring consistency in strategy whether a matter is filed in Miami, Washington, or overseas. For clients facing fraud, cross-border disputes, or enforcement challenges tied to sovereign actors, the D.C. launch expands Sequor’s ability to act quickly and strategically at the national level. Read the full Law360 Pulse interview to learn more about the firm’s expansion and the strategic direction of the new Washington office here . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Sequor Law's Greg Grossman and Francis Curiel analyze the Eleventh Circuit's broad discovery ruling under Section 1782 in support of foreign bankruptcy proceedings, comparing it to Chapter 15. Eleventh Circuit Gives Green Light to Broad Discovery in Aid of Foreign Bankruptcies Open Legal Insights Open October 21, 2020 5 minutes read Sequor Law By Greg Grossman and Francis Curiel , Miami The Eleventh Circuit recently affirmed a district court’s broad grant of discovery for use in five foreign bankruptcy proceedings to which the discovery applicant was a creditor-party. This article will briefly examine how the (relaxed) standard set forth by this Section 1782 proceeding compares to the (less relaxed) standard set forth by two notable Chapter 15 cases. In re Petroforte, by now a well-known Chapter 15 case, involved the liquidation of one of Brazil’s largest gas and ethanol distributors. During the liquidation, the Brazilian trustee found evidence of fraudulent transfers made to several entities, which led the Brazilian court to extend the bankruptcy case to include the transferees. The Brazilian trustee commenced a Chapter 15 proceeding in the Southern District of Florida to seek discovery to assist the Brazilian liquidation. The discovery targets objected, arguing that the subpoenas sought broad financial information about the non-debtor targets that exceeded the limits of discovery under Section 1521(a)(4) and Rule 2004. When the court interpreted the scope of “debtor” under Section 1521(a)(4), it held, in part, that the entities that were subject to the Brazilian bankruptcy extension order were “debtors subject to Section 1521’s discovery powers; however, with regard to any third parties who were not subject to the extension order, the trustee was entitled to broad discovery only when the debtor was a majority stockholder in the non-debtor discovery target. In re SAM likewise dealt with a Chapter 15 proceeding stemming from a Brazilian bankruptcy, wherein the debtor concealed corporate interests by transferring property to family members. The foreign representative sought documents relating to non-debtors who the foreign representative alleged were relevant to his investigation and potential recovery of assets of the foreign estate. The court focused on whether the foreign representative exceeded the proper scope of Rule 2004 discovery. It found that the foreign representative was entitled to discovery relating to (1) the transferees and (2) the non-debtor corporate entities in which the debtor had a majority interest or in those entities already found by the Brazilian courts to have participated in the debtor’s asset concealment scheme. The foreign representative was not entitled to discovery relating to the non-debtor entities whose connections to the debtor had not yet been established in the Brazilian courts. The court further noted that the foreign representative’s inquiries of non-debtors were to be narrowly tailored. Notably, courts have analogized discovery under Chapter 15 with discovery under 28 U.S.C. § 1782. An incongruity may now exist when comparing Petroforte and In re SAM to the Eleventh Circuit’s recent case, In re Victoria. In March 2018, Victoria, LLC (Victoria) filed a § 1782 application in the Southern District of Florida, seeking discovery for use in five pending Russian bankruptcy proceedings to which Victoria was a creditor. The bankruptcy proceedings pertained to either (1) Iliya Likhtenfeld (the Debtor) or (2) his Russian companies. Victoria planned to object to the dischargeability of debt, but first needed proof that the Debtor failed to disclose his U.S. assets in the Russian bankruptcies. To do so, Victoria requested testimony and documents relating to corporate governance, banking, financing, money transfers, business transactions, accounting practices, and the like, from (1) the Debtor; (2) Florida banks with which the Debtor did business; (3) Florida entities that the Debtor allegedly owned or was affiliated with; and (4) individuals affiliated with the Florida entities. To support the existence of these affiliations, Victoria submitted Sunbiz corporate records. Some of these records showed that a woman—who lived at the same address as the Debtor—acted as (either current or former) manager and registered agent of two of the target Florida entities. Notably, the Debtor’s name appeared nowhere on the corporate records of these two Florida entities. Discovery was nonetheless granted for use in the Russian bankruptcies. The shared residence between the Debtor and the manager of these entities proved connection enough. Moreover, in support of its allegations that the subpoena targets were “closely related” to the Debtor, and that the targets “should have documents and knowledge of assets tied to the Russian [bankruptcies],” Victoria created and submitted a chart showing that many of the Florida entities shared the same address, principals, and registered agents. The entities were thus alleged to be interrelated to each other, although not all directly related to the Debtor himself. Victoria also submitted two noteworthy declarations in support of its Section 1782 application. The first declarant alleged “upon information and belief” that the Debtor had (1) caused his Russian companies to enter loan agreements with no intention of repaying; (2) failed to repay the borrowed money; and (3) transferred the borrowed money directly or indirectly to his family members or trusted representatives. Ultimately, the declarant “believed” that the borrowed funds found their way into the United States and were used, in part, to support the Debtor’s luxurious lifestyle in Florida. Neither the declarant nor Victoria submitted any other evidence to support these allegations or the connection between the borrowed funds and the Florida corporations. The second declarant stated that the Debtor had not disclosed any of his U.S. assets to the Russian bankruptcy court even though, “based on the [Sunbiz corporate records],” the Debtor owned and/or held officer positions in several Florida entities. Despite the tenuous connections between the Debtor and some subpoena targets, the court granted the broad financial discovery request with few limitations. The aforementioned evidence (or lack thereof) was enough for this grant of discovery to survive through the Eleventh Circuit, which upheld the district court’s ruling. The disconnect between the above cases poses a noteworthy question—is the Petroforte limitation too narrow in light of the In re Victoria grant of discovery? Victoria, as a creditor seeking discovery assistance for use in foreign bankruptcy proceedings, was granted wide-ranging discovery relating to (1) the Debtor; (2) the Debtor’s banks; (3) non-debtor associates; and (4) non-debtor entities, some of which showed little to no relation to the Debtor besides a shared address with the entities’ manager. The court did not inquire into the Debtor’s ownership interests (or transfer thereof). Nor did it probe into the foreign courts’ findings. Rather, the grant of discovery was based largely on uncorroborated beliefs and bare allegations. More so, it was based on reasonable suspicion that these target individuals and non-debtor entities were involved in the Debtor’s transfer of assets to the detriment of his creditors. In re Victoria has introduced a more relaxed standard that loosens the restrictions placed on discovery requests for use in foreign bankruptcies. In light of this recent development, perhaps it is time to reassess the scope of discovery in Chapter 15 cases, too. Click here to read the original PDF . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? 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Sequor Law's Cristina Vicens examines US emergency measures in insolvency and restructuring legislation enacted during the COVID-19 pandemic, including the CARES Act and bankruptcy reforms. Emergency Measures in Insolvency Legislation in Response to the COVID-19 Crisis Open Legal Insights Open December 15, 2020 3 minutes read Sequor Law by Cristina Vicens , Sequor Law, P.A., Miami, Florida What emergency measures in insolvency or restructuring legislation has the United States adopted to help businesses cope with the economic crisis caused by the COVID-19 pandemic? In March 2020, the U.S. Congress swiftly passed a series of stimulus packages to help stabilise the economy after COVID-19 forced many businesses to shut down and caused millions of Americans to become unemployed. The third (and latest) of these stimulus packages, the “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act; P.L. 116-136), was a US$2 trillion stimulus packages passed on 25 March 2020. The CARES Act directs financial assistance to individual tax payers, expands unemployment benefits to persons that normally would not have qualified for unemployment benefits, provides for federal grants, loans, and other assistance for small businesses and other businesses disproportionately affected by the COVID-19 pandemic, and establishes a US$150 billion Coronavirus Relief Fund to make payments to states, tribal governments, and local governments as they respond to the public health emergency. Specifically, with regard to insolvency or restructuring legislation adopted to help businesses cope with the economic crisis, the CARES Act provides for several amendments to the U.S. Bankruptcy Code. First, it increases the debt ceiling for businesses to be eligible to file under the small business provisions of Chapter 11 of the Bankruptcy Code from US$2,725,625 to US$ 7,500,000. The Small Business Reorganisation Act (“SBRA”), which took effect on 19 February 2020, just a few weeks before the national shutdown, provides a streamlined path through Chapter 11 for small business debtors. This increased threshold will potentially allow more businesses with access to the SBRA to survive. After one year, however, the debt ceiling increase reverts to US$2,725,625. Second, for a period of one year, the CARES Act amends the definition of “income” under Chapters 7 and 13 to exclude COVID-19 related payments from the federal government. Third, applicable to individuals rather than businesses, it clarifies that the calculation of disposable income under Chapter 13 does not include COVID-19 related payments; and, lastly, permits individuals and families in Chapter 13 proceedings to seek payment plan modifications in response to COVID-19 related financial hardship, including extending payments for up to seven years after their initial payment was due. In addition, the CARES Act provides the authority to the Administrator of the U.S. Small Business Administration (“SBA”) to make loans under the Paycheck Protection Program (“PPP”) through the commercial banking market. The PPP is designed to provide a direct incentive for small businesses to keep their employees on the payroll and allows loans to be forgiven if all employees of a business are kept on the payroll for eight weeks and the loan proceeds are used for payroll, rent, mortgage interest, or utilities. While the CARES Act does not prohibit PPP loans or grants to be provided to Chapter 11 debtors, the SBA has taken the position that it does, creating uncertainty for companies operating under Chapter 11 protection and leading to litigation. [See Perspectives on COVID-19 Relief Funding and the Reopening of America, ABI Journal, July 2020, at 8.] Further, small business owners are able to apply for Economic Injury Disaster Loans (“EIDL”) and receive an advance of up to US$10,000, designed to provide economic relief to businesses that are experiencing a temporary loss of revenue. Relevantly, the loan advance does not have to be repaid and recipients do not have to be approved for the loan in order to receive the Emergency Measures in Insolvency Legislation in Response to the COVID-19 Crisis AIJA Insolvency Commission 2020 68 advance. Contrary to the PPP loans, the SBA administers the EIDL program directly and not through the commercial banking market. Click here to read the full summary (page 67). Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..

Sequor Law earns top rankings in 2021 Chambers USA for asset recovery and bankruptcy litigation, with attorneys recognized as Global Elite Thought Leaders. Sequor Law’s Latest Rankings and Recognitions Open Awards & Recognition Open July 1, 2021 2 minutes read Sequor Law Sequor Law continues to earn national and global recognition for its work in high-stakes Asset Recovery , Bankruptcy Litigation , and cross-border disputes. In the 2021 Chambers USA and Litigation Support Guides, the firm ranked among the top firms in Band 2 for both Bankruptcy Litigation and Global-Wide Asset Tracing & Recovery. These rankings are based on extensive independent research, including client and peer interviews. The message from the market is consistent. Sequor delivers results in complex, international matters where precision and strategy matter most. Chambers also recognized individual shareholders for leadership in their respective fields. Edward H. Davis Jr. earned Band 2 recognition for Global-Wide Asset Tracing & Recovery. Gregory S. Grossman was ranked in Bankruptcy Litigation. Leyza F. Blanco received Band 2 distinctions in Bankruptcy Litigation and Bankruptcy/Restructuring in Florida. These rankings reinforce Sequor’s standing in International Litigation , restructuring disputes, and recovery actions spanning multiple jurisdictions. The firm’s reputation extends beyond Chambers. Who’s Who Legal named Edward H. Davis Jr. and Arnoldo B. Lacayo as Global Elite Thought Leaders in Asset Recovery, a distinction reserved for a small percentage of practitioners worldwide. Sequor’s forensic and investigative capabilities were also recognized, with professionals such as Bob Lindquist and Barbara Miranda acknowledged as leading experts in the recovery space. This combination of litigation strategy and financial investigation is central to Sequor’s model in global fraud and enforcement matters. Sequor attorneys were further recognized by Super Lawyers, including Edward H. Davis Jr. , Gregory S. Grossman , Leyza F. Blanco , and Arnoldo B. Lacayo , along with Rising Stars across international and creditor-debtor rights practice areas. These honors reflect sustained excellence in Creditors’ Rights , complex insolvency litigation, and cross-border recovery efforts. Beyond rankings, Sequor continues to lead thought leadership in Cross-Border Insolvency . Counsel Nyana Abreu Miller contributed to international education initiatives and co-authored analysis on Brazil’s implementation of the UNCITRAL Model Law, underscoring the firm’s global reach. Attorneys such as Juan J. Mendoza also remain active in asset recovery and Section 1782 evidence-gathering proceedings. For clients confronting fraud, corruption, insolvency disputes, or international enforcement challenges, these recognitions signal more than accolades. They confirm depth of experience, global connectivity, and a results-driven approach. To view the full rankings and learn more about Sequor Law’s recognized attorneys and practice strengths, read the complete announcement here . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight Aug 17, 2026 3 minutes read Attorney Spotlight – Get to Know Carolina M. Rosso “Pour faire de grandes choses, il ne faut pas être un si grand génie... Firm News Jun 23, 2026 3 minutes Sequor Law Welcomes Attorney Carolina M. Rosso to Its Expanding International Litigation and Asset Recovery Team Sequor Law is pleased to announce that Carolina M. Rosso has joined the firm as an Attorney. Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more..