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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..

Sequor Law announces partners Leyza B. Florin and Fernando Menendez joining the firm, marking significant growth for the firm founded just a year ago. Meet Our Newest Partners Open Firm News Open June 4, 2018 1 minute read Sequor Law Leyza B. Florin and Fernando Menendez have joined the Sequor Law team as partners, representing a significant expansion for the firm, founded just one year ago.  “The firm not only gains two outstanding lawyers with years of experience in insolvency, restructuring and commercial litigation, but their bilingual and multicultural heritage will add to the growth of our market leadership in international asset recovery and cross-border insolvency.” -- Ed Davis , Sequor Law Founding Shareholder Leyza B. Florin Leyza will focus her practice on a wide range of litigation and insolvency matters, including debt restructuring and representation of creditors, with special emphasis on complex business bankruptcy and commercial litigation matters. She is also a Florida Supreme Court Certified Civil Mediator. Fernando Menendez Fernando will focus his practice on a broad range of insolvency-related matters, including complex workouts, bankruptcy litigation involving preferences, fraudulent transfers, and complex contested matters, creditors’ rights and remedies, as well as the representation of foreign and domestic court-appointed trustees. Leyza remarked, “We are so pleased to be able to bring our practice to Sequor Law, a highly acclaimed international firm. We have known several of the lawyers at Sequor Law professionally for years and have long admired their practice. We have shared values and a common vision to render world-class legal services from a highly specialized and client-focused platform.” Greg Grossman , a Sequor Law founding Shareholder added: “Leyza and Fernando’s work ethic, tenacity and thought leadership epitomize the motto of Sequor Law: Relentless. Global. Pursuit.” We invite you to learn more about our two newest additions, as well as our entire Sequor Law team, at SequorLaw.com . 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 Leyza B. Florin joins the Felony Miami podcast for the Bankruptcy Episode, exploring disparities in the criminal justice system and how the arts can drive meaningful reform. The Bankruptcy Episode w/ Paul Orshan, Leyza Florin Blanco, Jacqueline Calderín, and Joe Stone Open Events & Speaking Open August 19, 2018 1 minute read Sequor Law Felony Miami explores the disparities in the criminal justice system and the intersection of those disparities and the arts. In this exploration, Felony Miami seeks to educate, entertain, enlighten and contribute towards the improvement and fairness of the system. Felony Miami intends to do this by bringing together thought leaders, decision makers, the accused, the guilty, the not guilty and other participants in the system and in the arts to examine the current state of being, ways in which the system can be improved and ways in which the arts can contribute to this exploration and improvement. Sequor Law’s Leyza B. Florin spoke with Felony Miami as part of their Bankruptcy Episode. 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..

An overview of 28 U.S.C. § 1782, one of the most powerful discovery tools available to foreign litigants, allowing evidence gathering in US federal courts for use in international proceedings. Section 1782 Remains One of the Most Powerful Discovery Tools as Appellate Courts Uphold its Use in Aid of Private Commercial Arbitration Open Legal Insights Open June 10, 2020 4 minutes read Sequor Law 28 U.S.C. § 1782, known colloquially as “Section 1782,” is a federal statute that allows foreign litigants and interested persons to request judicial assistance from U.S. federal courts to obtain evidence for use in a proceeding in a foreign or international tribunal. Section 1782 is highly relevant to a wide array of legal practitioners, both within and outside the U.S., as federal courts have concluded that evidence obtained through Section 1782 may be used in civil, criminal, probate, bankruptcy, marital, administrative, and regulatory cases. In short, if your client is not using Section 1782 as part of its litigation strategy, there is a good chance that your client’s opponent is using it to your client’s disadvantage. Section 1782 is an alternative to the slower, and oftentimes cumbersome, cross-border discovery mechanisms such as letters rogatory and diplomatic or consular channels, because it can be pursued directly by the litigant or interested party without the involvement of the foreign court or tribunal or of the governmental authorities making up the traditional channels. Section 1782 was enacted decades ago and was revised extensively in 1964, but its widespread use did not take off until after the U.S. Supreme Court’s 2004 ruling in Advanced Micro Devices, Inc. against Intel Corp. , or “Intel” as the seminal decision is widely known. In the Intel case, the Supreme Court clarified the statutory requirements that an applicant has to satisfy to obtain evidence using Section 1782 as well as a number of discretionary factors courts should also consider. If the applicant is successful, it can obtain U.S.-style discovery from persons or entities located where the application is filed (in the form of site inspections, requests for production of documents, or deposition testimony under oath) for use in the foreign proceeding. Typical Section 1782 subpoena targets include businesses (including affiliated companies and subsidiaries), financial institutions, professionals such as lawyers and accountants, brokers, escrow agents, art galleries and auction houses, former employees, and many more. This incredibly powerful tool can also be pursued on an ex parte basis (at least initially) and does not require the applicant to prove that she has exhausted her domestic evidence gathering tools in the foreign case or, significantly, that the evidence will be admissible in the foreign proceeding. One issue that has been contested since Intel was decided is whether Section 1782 can be used in support of a private commercial arbitration (as opposed to treaty-based arbitrations where the use of Section 1782 is clearly supported by the applicable case law). Recently, the Sixth Circuit and Fourth Circuit Courts of Appeals broke with the Second and Fifth Circuits and determined that interested parties may rely on Section 1782 to obtain evidence for use in a privately constituted international arbitration proceeding. In September 2019, the Sixth Circuit analyzed the definition and interpretation of the word “tribunal” at length (relying on the ordinary meaning of the word, several dictionary definitions, the use of the word in legal writing, and an examination of the statute’s text, context and structure) and held that the language of Section 1782 unambiguously “includes private commercial arbitral panels established pursuant to contract and having the authority to issue decisions and bind the parties.” Abdul Latif Jameel Transportation Co. Ltd. v. FedEx Corp. , 939 F.3d 710, 723 (6th Cir. 2019). A few months later, the Fourth Circuit followed. In March 2020, the Fourth Circuit agreed that private arbitral tribunals are “foreign tribunals” within the meaning of Section 1782, and rejected a litany of policy arguments advanced by the respondent. Servotronics, Inc. v. Boeing Co. , 954 F.3d 209 (4th Cir. 2020). Although district court decisions have been deeply divided on the issue since Intel, there is now strong momentum gathering at the appellate level favoring the use of Section 1782 in aid of private commercial arbitration. For example, California district courts had uniformly followed the Second and Fifth Circuits in holding that an applicant may not obtain evidence through Section 1782 for use in a private commercial arbitration—until recently. In February 2020, a federal court in the Northern District of California adopted the reasoning and conclusion of the Sixth Circuit’s decision regarding Section 1782’s application to private international arbitration. HRC-Hainan Holding Company, LLC v. Yihan Hu , No. 19-mc-80277, 2020 WL 906719 (N.D. Cal. Feb. 25, 2020). That case is now on appeal, and the Ninth Circuit is positioned to rule on the issue. In sum, the already powerful Section 1782 has seen its applicability bolstered by two of the highest courts in the U.S. indicating that Section 1782 will remain an indispensable tool in any international lawyer’s toolbox for the foreseeable future. About the authors: Arnie Lacayo ( alacayo@sequorlaw.com ) is a Shareholder and Cristina Vicens ( cvicens@sequorlaw.com ) is an Attorney at Sequor Law. Lacayo and Vicens focus their practices on investigations, financial fraud and corruption-related asset recovery cases, as well as cross-border insolvency. Both Lacayo and Vicens have extensive experience with the Section 1782 statute, including in some of the most-cited cases in the U.S. 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 Gregory Grossman speaks at OffshoreAlert's vGlobal 2021 Asset Recovery Day, a virtual conference on intelligence, investigations, and recovery in international finance. Offshore Alert vGlobal 2021 Conference Open Events & Speaking Open November 30, 2021 1 minute read Sequor Law December 6-10 A virtual conference on intelligence, investigations, & recovery for everyone in high-value international finance. Sequor Law’s Founding Shareholder, Gregory Grossman will be sfopeaking at OffshoreAlert’s vGlobal Asset Recovery Day on December 8th. Sequor Law Counsel, Daniel Coyle will be speaking at OffshoreAlert’s vGlobal Crypto Day on December 9th. 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 Attorney Maria Jose Cortesi authors "Navigating the Extraterritorial Tightrope in the Bankruptcy Code" for the American Bankruptcy Trustee Journal, Vol. 40, Issue 02. Navigating the Extraterritorial Tightrope in the Bankruptcy Code Open Legal Insights Open October 22, 2024 1 minute read Sequor Law Read the insightful article Maria Jose Cortesi contributed to the American Bankruptcy Trustee Journal on page 15, titled “Navigating the Extraterritorial Tightrope in the Bankruptcy Code.” This article was written for and originally appeared in Volume 40, Issue 02 of the American Bankruptcy Trustee Journal, a publication of the National Association of Bankruptcy Trustees (“NABT”), and is being reproduced with the consent of the NABT and the author. 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..

Led by two Chambers & Partners Band 1-ranked partners in Bankruptcy Litigation. Filed Florida's first Chapter 15. More Chapter 15 cases than any other firm. GRR 100 Bankruptcy & Insolvency Sequor Law represents clients in most aspects of bankruptcy and insolvency law both domestically and with insolvencies based outside the United States. The firm leverages unparalleled experience in connection with Chapter 15 of the Bankruptcy Code. Global Authority in Cross-Border Insolvency & Chapter 15 Practice Sequor Law provides comprehensive representation in all major aspects of bankruptcy and insolvency law, both in domestic and cross-border matters. In cross-border matters, the firm represents foreign-appointed fiduciaries responsible for the restructuring or liquidation of companies and individuals abroad. Sequor Law regularly appears in courts throughout the United States on behalf of foreign representatives. Having filed more Chapter 15 cases than any other firm , including the first Chapter 15 case ever filed in Florida, Sequor Law is consistently recognized as a leader in international insolvency and cross-border restructuring. Our attorneys frequently present at major conferences across North America, Latin America, Europe, and beyond on insolvency, Asset Recovery, and multi-jurisdictional enforcement. Sequor Law has been counsel in a substantial number of the Southern District of Florida’s reported Chapter 15 decisions, reinforcing its standing as one of the most experienced firms in cross-border insolvency nationwide. In In re Zawawi, the Eleventh Circuit held that 11 U.S.C. § 109 does not apply to Chapter 15, confirming that recognition is available even when a foreign debtor lacks residence, domicile, a place of business, or property in the United States. That decision is particularly significant because it ensures foreign representatives may obtain recognition and access essential discovery and enforcement tools without first establishing a U.S. nexus. The firm has handled Chapter 15 matters arising from jurisdictions including Antigua, Barbados, the British Virgin Islands, Canada, the Cayman Islands, the United Kingdom, Argentina, Austria, Brazil, Chile, Mexico, and Romania. Sequor Law has also served as lead counsel in recognition proceedings filed in foreign courts, including Australia, Colombia, the Isle of Man, Switzerland, and the United Kingdom. Precedent-Setting Litigation Shaping Cross-Border Insolvency Law In U.S. bankruptcy cases, Sequor Law represents creditors and other parties in interest across all phases of the proceeding. The firm regularly advocates for lenders in contested matters involving: Cash collateral disputes Valuation issues Motions for relief from the automatic stay and related defenses Plan treatment and confirmation challenges Competing reorganization plan proposals Sequor Law also defends clients in avoidance actions and represents creditors pursuing objections to dischargeability. Strategic Advocacy For Creditors In U.S. Bankruptcy Proceedings Representative Representative Cases One of the Largest Ponzi Schemes in History Sequor Law represents the Joint Liquidators for Stanford International Bank, Ltd. (“SIB”) (in Liquidation). SIB, a bank located in Antigua that primarily sold certificates of deposit, played a central role in a worldwide Ponzi scheme, the second largest in history, perpetrated by Robert Allen Stanford, with losses to depositors estimated to exceed US$4.4 billion. Since May 12, 2011, when Marcus Wide and Hugh Dickson of Grant Thornton were appointed Joint Liquidators of the SIB estate in Antigua, Sequor Law has acted as co-general counsel with Caribbean counsel in global Asset Recovery efforts that have included recovering US$3.2 million from Panama, US$20 million from the United Kingdom, freezing assets in Antigua & Barbuda valued at US$212 million, launching a formal claims process, pursuing claims related to approximately US$330 million in frozen assets in Canada, Switzerland, and the U.K., filing damages claims valued at approximately US$5 billion against a Canadian bank, and initiating recovery efforts in Colombia against law firms and financial institutions. Sequor Law also initiated a Chapter 15 recognition proceeding in Dallas, Texas, and later helped the U.S. Judicial Administrator, the SEC, the U.S. Department of Justice, the Joint Liquidators, and others reach a global agreement and cross-border protocol. First Chapter 15 Cross-Border Insolvency Case in Florida Involving Central American Banking Group Sequor Law represents Bancafe International Bank (in Liquidation) (“BIB”). After the failure of Banco Cafeteros de Guatemala, BIB, a Barbados entity with extensive operations in Guatemala and assets in the United States, entered bankruptcy in Barbados. Acting for the custodian, PricewaterhouseCoopers, Sequor Law filed the first Chapter 15 case in Florida and obtained recognition of the Barbados liquidation as the main foreign proceeding. The matter has included extensive discovery in the United States and recoveries that include more than US$54 million from a REFCO bankruptcy claim and approximately US$1 million from a New York account. Chapter 15 Case Stemming from One of the Largest Banking Failures in Brazilian History Sequor Law represents the judicial administrator of Banco Santos, S.A. (in Liquidation). After an investigation revealed a theft of more than US$1 billion through a multi-country scheme, Sequor Law initiated a Chapter 15 proceeding. The corresponding recognition helped secure valuable evidence in the United States and elsewhere and supported the recovery of artwork valued in the millions, along with additional multi-million-dollar recoveries through a confidential ancillary settlement. Brazilian Cross-Border Insolvency Case with More than 300 Related Debtors Sequor Law represents Petroforte Brasileiro de Petróleo Ltda. (“Petroforte”) (in Liquidation). After Petroforte entered insolvency proceedings in Brazil and the bankruptcy was extended to more than 300 entities and individuals, Sequor Law obtained deposition testimony and documentary evidence in the United States and pursued analogous proceedings in the Caribbean and Central America. The evidence supported the Judicial Administrator’s efforts in Brazil and may support additional recovery litigation, including through Chapter 15. Open Gregory S. Grossman Founding Shareholder ggrossman@sequorlaw.com (+1) 305-372-8282, Ext. 235 Open Leyza B. Florin Shareholder lflorin@sequorlaw.com (+1) 305-372-8282, Ext. 300 Open Fernando J. Menendez, Jr. Shareholder fmenendez@sequorlaw.com (+1) 305-372-8282, Ext. 299 Open Open Key contacts Key Contacts

IWIRC announces its 2019 founders award winners, including Sequor Law's Leyza B. Florin in Miami, recognizing outstanding women in the insolvency and restructuring industry across three global cities. IWIRC announces 2019 founders award winners Open Awards & Recognition Open June 14, 2019 1 minute read Sequor Law By Benjamin Clarke Award winners: Leyza B. Florin, Eloise Fardon and IWIRC’s London network co-chair Sonya Van de Graaff The International Women’s Insolvency & Restructuring Confederation (IWIRC) has announced the recipients of its 2019 founders awards, with winners in Miami, Hong Kong and London. 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 Alejandro Rodriguez Vanzetti, a Miami-raised international law specialist who shares his passion for cross-border asset recovery and Latin American legal matters. Attorney Spotlight – Get to Know Alejandro Rodriguez Vanzetti Open Attorney Spotlight Open July 22, 2025 2 minutes read Sequor Law 1. What inspired you to pursue a law career? In college, I found myself drawn to international politics and law, especially as they relate to Latin America. Growing up in Miami, I was always exposed to these conversations, but studying them at an academic level gave me a deeper appreciation for the region’s complexities. Over time, I realized I wanted a career where I could combine these interests with my passion for writing, one where I could make a meaningful impact. Cliché aside, law felt like the natural path: a way to advocate for others while shaping real outcomes in people’s lives. 2. Why did you choose the areas of law that you practice? In a previous role before law school, I was introduced to evidence gathering and asset recovery and was immediately drawn to the work. What captivated me most was the cross-border nature of these cases—collaborating across jurisdictions (often with foreign-trained lawyers) and learning the legal frameworks of other countries. The shared goal of securing critical evidence for foreign proceedings and recovering assets for victims of fraud made the work feel both challenging and meaningful. 3. What skills do you draw upon when it comes to your specific practice areas? I often draw on the persistence I developed early in my career, those moments when I had to go above and beyond. Whether it was crafting a seemingly impossible argument or navigating an unfamiliar area of law, I learned to dig deep and push through challenges. That mindset—doing whatever it takes to reach the right outcome—continues to guide my approach today. 4. What is the most rewarding part about your job? Two parts: Contributing to developing areas of the law that have a global impact and finding creative solutions to complex problems. That combination is what makes this work so fulfilling. 5. Tell us about a mentor who made an impact on your career. I’ve been fortunate enough to have had many mentors. What they all had in common was their belief in my potential, often seeing something in me that I hadn’t yet recognized in myself. Most recently, Magistrate Judge Lisette M. Reid, my former boss, did just that: trusting my abilities while consistently challenging me to grow and learn. 6. If you weren’t practicing law, what would you be doing? I’d likely be working in journalism. 7. What might people be surprised to learn about you? I can recite the opening lines of the Declaration of Independence. For some reason it has stuck with me ever since 7th grade civics class! 8. What is a good book or article you read recently? An article by Yves Klein published by Chambers and Partners on tracing the evolution of asset recovery over the years titled “International Asset Tracing and Recovery at 25: Where Do We Stand?” 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..

Shareholder. Chambers Band 1 — Bankruptcy Litigation, Florida (2025). Band 2 — Bankruptcy/Restructuring. American College of Bankruptcy Fellow. Past IWIRC chair Leyza B. Florin Shareholder lflorin@sequorlaw.com (+1) 305-372-8282, Ext. 300 vCard Leyza B. Florin Shareholder lflorin@sequorlaw.com (+1) 305-372-8282, Ext. 300 vCard Practice Areas Bankruptcy & Insolvency Creditors' Rights Asset Recovery Judgment & Arbitral Award Enforcement Bank Litigation International Commercial Litigation High-Net-Worth Disputes Financial Fraud Appellate Law International Arbitration Corruption & Proceeds of Crime Recovery Education University of Miami School of Law, J.D. (Magna Cum Laude , 1996) Inter-American Law Review, Articles and Comments Editor Order of the Coif University of Miami College of Arts & Sciences, B.A. (1992) Admissions Florida, 1997 U.S. Court of Appeals, 11th Circuit, 1999 U.S. District Court, Northern District of Florida, 1997 U.S. District Court, Middle District of Florida, 1997 U.S. District Court, Southern District of Florida, 1997 U.S. District Court, District of Colorado, 2020 Associations & Memberships Fellow, American College of Bankruptcy, Class XXXII, 2021 The Florida Bar Business Law Section, Past Chair, 2020-2021 International Women’s Insolvency & Restructuring Confederation (IWIRC), Immediate Past Chair, 2021 Bankruptcy Bar Association of the Southern District of Florida, Past President, 2006-2007 Florida Supreme Court Certified Civil Mediator American College of Bankruptcy, International Nominating Committee, Chair American Bankruptcy Institute, Asset Sales Committee, Co-Chair of Education Dade County Bar Association, Member American Bar Association, Member Hispanic National Bar Association, Member Cuban American Bar Association, Member Leadership Council on Legal Diversity, Fellow, 2014 International Academy of Trial Lawyers, Fellow University of Miami Law Alumni Association Board of Directors, 2014-2016 Dean’s Circle Committee Leadership Florida, Class XXXII Languages English Spanish Location Miami Favorite Quote “Do or Do Not, There is No Try. ” – Yoda Bio Recognitions Publications & Presentations Representative Matters Media Leyza B. Florin, a shareholder at Sequor Law, focuses her practice on a wide range of litigation and insolvency matters, including debt restructuring and representation of creditors, with special emphasis on complex business bankruptcy and commercial litigation matters. Prior to joining Sequor Law, Leyza was a shareholder at an Am Law 200 firm. Additionally, she was appointed receiver, custodian, trustee and special master in cases in both federal and state courts throughout the state of Florida and has served as a neutral arbiter in an arbitration proceeding. Leyza is also a Florida Supreme Court Certified Civil Mediator. Her case experience includes acting as lead U.S. counsel to various court-appointed fiduciaries named in multiple jurisdictions throughout the Caribbean for British American Insurance Co., Ltd., in Chapter 15 proceedings, district court proceedings, and pending state court proceedings throughout the state of Florida. Leyza is the former Chair of The Florida Bar’s Business Law Section, and served as the Chair of the International Women’s Insolvency and Restructuring Confederation. She is past chair of the Bankruptcy/UCC and Diversity Committees of The Florida Bar’s Business Law Section, and a past president of the Bankruptcy Bar of the Southern District of Florida. Leyza launched a bankruptcy clinical program at Florida International University College of Law, where she served as lead adjunct professor. She is a published author and sought-after leader who is regularly invited to present on topics related to her practice. Leyza has been recognized by Florida Super Lawyers (2010-2025); Florida Trend, Legal Elite (2008-2016, 2018); South Florida Legal Guide, Top Lawyer (2009-2018), and has received multiple other recognitions of note. Leyza is admitted to all Florida state courts, the 11th Circuit Court of Appeals, and the United States District Courts for the Southern, Middle and Northern Districts of Florida. 11th Circuit Appeal News Model Law draftsman responds to COMI proposals Various Attorneys Recognized by SuperLawyers 2023 Sequor Law Empowers Women to Lead Leyza B. Florin Featured as IWIRC Florida Member Spotlight Sequor Law Recognized by Chambers & Partners Thought Leaders 4 Fire: FIRE International Vilamoura, Portugal May 19, 2022 Service of Process Abroad: No International Agreement? Leyza Florin Blanco Makes D&I North America Shortlist A Worldwide View on Commercial Real Estate Post-COVID Shareholder Leyza Florin Blanco has been selected by LatinVex among Latin America’s Top 100 Female Lawyers Leyza B. Florin Inducted to the 32nd Class of The American College of Bankruptcy Sequor Law Is Honored to Support Associação João de Barro in Its Completion of a New School Sequor At IWIRC Brazil Sequor Law Recognized in the 2022 Edition of the Best Lawyers in America Sequor Law’s Latest Rankings and Recognitions Omani businessman appeals US recognition of English bankruptcy Asset recovery column: Euromepa and Gorsoan, oh my Community roundup: IWIRC gets its first Hispanic chair amid new year hires and promotions 2021 IWIRC Board of Directors Announced Business Law Section to Diversify its Education Program Panels Business Law Section Updates Pro Bono Guide The 2020 Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers The UN’s latest attempt to assist international insolvency practitioners Uniform Commercial Real Estate Receivership Act is now the Law in Florida Business Law Section Strengthens its Diversity Fellowship Program COVID-19 and Cross-Border Insolvencies Asset recovery column: emerging minority view on delivery of subpoenas under FRCP 45 Turkish Brothers’ $388M Award Fight Sent Back To State Court Miami’s Specialist in Brazilian Chapter 15 Cases Asset recovery column: The mechanics of the UNCITRAL Model Law on Enterprise Group Insolvency Tyneside jeweller failed to disclose US assets, joint trustees say Miami Chapter 15 for jailed Taiwanese-British IT executive Asset recovery column: Globalisation catches up with the US insolvency courts Asset Recovery Magazine – Florida Leads the Way in Development of Chapter 15 Jurisprudence IWIRC announces 2019 founders award winners Sequor Law Recognized by Chambers USA 2019 Asset recovery column: Recognition of an individual debtor’s insolvency proceeding – beware the perils IWIRC announces new board of directors The Bankruptcy Episode w/ Paul Orshan, Leyza Florin Blanco, Jacqueline Calderín, and Joe Stone Gibraltarian payday loans business files Chapter 15 in Miami Partner Q&A Sequor Law Picks Up Two Bankruptcy Attorneys From GrayRobinson Meet Our Newest Partners Miami’s Sequor Law Raids GrayRobinson for Two Insolvency/Litigation Partners Honors & Achievements Leyza has received myriad recognitions throughout her career, including: Chambers USA, Bankruptcy Litigation, Florida, Band 1, 2011–2025 Chambers USA, Bankruptcy/Restructuring, Florida: South, Band 2 The Legal 500 Miami Elite, Finance and Restructuring, Tier 3 The Legal 500 Miami Elite, International Corporate and M&A, Tier 3 Lawdragon 500 Leading Global Bankruptcy & Restructuring Lawyers, 2026 Lawdragon 500 Leading Global Restructuring & Insolvency Lawyers, 2020 The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Commercial Litigation; Litigation – Bankruptcy, 2026 AV Preeminent™ Rated by Martindale-Hubbell Chambers Diversity & Inclusion Awards: North America, Finalist, 2022 Florida Bar Business Law Section, Fellows Program Founder Award, 2023 IWIRC Melnik Award for Exceptional Contributions by an IWIRC Member, 2019 Hall of Fame, IWIRC Florida Network Excellence Award, 2018 The Florida Bar Business Law Section, Outstanding Member of the Year, 2014 South Florida Legal Guide, Top Lawyers, 2009–2020; Up and Comer, 2004–2008 Florida Super Lawyers, 2010–2026; Rising Star, 2009 Top 50 Women Florida Super Lawyers, 2013–2026 Top 100 Florida Super Lawyers, 2013–2025 Florida Trend, Legal Elite, 2008–2020; Up and Comer, 2007 Cuban American Bar Association, Member of the Year, 2013 South Florida Business Journal, Key Partner Award, 2012 Business Leader magazine, Women Extraordinaire Award, 2011 Cystic Fibrosis Foundation, Outstanding Lawyers of Miami-Dade County, 40 Under 40, 2010 Representative Experience U.S. counsel to various court-appointed fiduciaries named in various jurisdictions throughout the Caribbean, United Kingdom and Brazil. Counsel to Arbitration Award Plaintiff seeking to confirm and enforce multi-million dollar international arbitration award. Counsel to institutional lenders in bankruptcy cases, assignment for the benefit of creditors and in pending foreclosure cases of commercial property and undeveloped land. Reported Cases In re Viação Itapemirim, S.A. 608 B.R. 268 (Bankr. S.D. Fla. 2019) In re Viação Itapemirim, S.A. 607 B.R. 761 (Bankr. S.D. Fla. 2019) In re Quantum Foods, LLC, 558 B.R. 111 (Bankr. D. Del. 2016) In re: British American Insurance Co. Ltd. , 425 B.R. 884 (Bankr. S.D. Fla. 2010) In re: British American Isle of Venice (BVI) Ltd. , 441 B.R. 713 (Bankr. S.D. Fla. 2010) Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) In re: Jaffe , 235 B.R. 490 (Bankr. S.D. Fla. 1999) Publications Co-Author, “Euromepa and Gorsoan, oh my! The evolving standard to obtain §1782 assistance in the United States Court of Appeals for the Second Circuit and beyond” – Global Restructuring Review Asset Recovery Column, October 2020 Co-Author, “The UN’s Latest Assist to International Insolvency Practitioners,” Global Restructuring Review Asset Recovery Column, August, 2020 Co-Author, “COVID-19 and Cross-Border Insolvencies” – Daily Business Review, April 17, 2020 Co-Author, “The UN’s Latest Assist to International Insolvency Practitioners” – Global Restructuring Review Asset Recovery Column, April 2020 Co-Author, “Emerging Minority View on Delivery of Subpoenas Under FRCP 45” – Global Restructuring Review Asset Recovery Column, March 2020 Co-Author, “The Mechanics of the UNCITRAL Model Law on Enterprise Group Insolvency” – Global Restructuring Review Asset Recovery Column, November 2019 Co-Author, “Globalization Catches up to U.S. Insolvency Courts” – Global Restructuring Review Asset Recovery Column, August 2019 Co-Author, “Florida Leads the Way of Chapter 15 Jurisprudence” – Knect 365 Asset Recovery Magazine, July 2019 Recognition of an Individual Debtor’s Insolvency Proceeding – Beware of the Perils, Global Restructuring Review Asset Recovery Column, March 6, 2019 Co-Author, “Liquidating Liquor License in Bankruptcy.” Asset Sales Committee Newsletter November 2017 “The Power of Women Working Together,” The Woman Advocate, American Bar Association, June 12, 2015 “Challenging Aspects and Issues of Cross Border Chapter 15 Filings,”Chapter 15 Bankruptcy Strategies , Thomson Reuters/Aspatore, 2012 “Women Take the Lead and Lean In,” guest commentary, Daily Business Review , August 21, 2013 Co-Author, International Insolvency Proceedings and Emerging Trends Under Chapter 15 Under the United States Bankruptcy Code,” The Florida Bar Business Law Journal , Case Law Update 2011 Presentations Speaker, FIRE Americas, ThoughtLeaders4, Washington, D.C., September 22, 2025 Speaker, Asset Recovery Americas, Informa Connect, Renaissance São Paulo Hotel, São Paulo, Brazil, September 8-10, 2025 Keynote Fireside Chat: The New World (co-chair/speaker with David Young), FIRE International: Vilamoura, ThoughtLeaders4, Anantara Hotel, Vilamoura, Portugal, May 15, 2024 Whose Fraud Is It Anyway? Attribution and Related Topics (panel chair, with Rick Brown), FIRE International: Vilamoura, ThoughtLeaders4, Anantara Hotel, Vilamoura, Portugal, May 16, 2024 Afternoon Chair (co-chair with Henrique Forssell), FIRE Americas: Cayman, ThoughtLeaders4, The Westin, Grand Cayman, Cayman Islands, March 12-14, 2023 FIREing Up Your Careers: How to Make and Keep Overseas Contacts (panelist), FIRE Americas: Cayman, ThoughtLeaders4, The Westin, Grand Cayman, Cayman Islands, March 12-14, 2023 Speaker, Asset Recovery Americas, Informa Connect, Renaissance São Paulo Hotel, São Paulo, Brazil, September 20-22, 2023 Attack the Sham: Asset Recovery Toolkits (panelist), FIRE International: Vilamoura, ThoughtLeaders4, Vilamoura, Portugal, May 19, 2022 Chair's Opening Remarks & Offshore Asset Recovery Steps Panel (co-chair with Paul Kennedy), FIRE Americas & Offshore Virtual — Session 1, ThoughtLeaders4 FIRE, Virtual, 2021 Chair's Opening Remarks & Discovery Channels: How to Get Documents Through the U.S. Courts (co-chair with Paul Kennedy), FIRE Americas: Discovery Channels, ThoughtLeaders4 FIRE, Virtual, 2021 Wake Up and Smell the Coffee: Insolvency Proceeding Precipitated by Coffee Fraud — Case Study (panelist), FIRE Americas & Offshore Virtual, ThoughtLeaders4 FIRE, Virtual, 2021 US Bankruptcy – Chapter 15, Comparative Law Program, Brazil, November 17, 2020 Segunda Oportunidad en los Concursos, Instituto Iberoamericano Conference, October 21, 2020 When in Rome: A Comparative Look at Fiduciaries Around the Globe, IWIRC Insolvency 2020, October 14, 2020 Navigating the Islands and Wake Up and Smell the Coffee, FIRE Americas and Offshore Event, September 22,2020 Cross Border Disputes Panel, Virtual World Litigation Forum, Virtual, September 9, 2020 Cross Border Insolvency; Mechanisms of Cooperation, IWIRC Brazil Second Annual Conference, Rio de Janeiro, March 12-13, 2020 Tracing Assets Arising Out of Contentious Cross Border Insolvencies , C5, March 5-6, 2020 Insolvency—Pandora’s Box, or A Key Litigation Advantage, Asset Recovery America, New York, September 18-20, 2019 International Perspectives on Asset Recovery , IWIRC Brazil and Tribunal de Justiça do Estado de Minas Gerais, June 6, 2019 Conferencia Sobre Soborne Internacional, Investigación Financiera, Insolvencia y Herramientas Para Recuperación de Activos , Superintendencia de Sociedades, Bogotá, Colombia, May 8, 2019 When the Money is Gone , Asset Recovery Americas, Knect365 LatAm Conference, Brazil, June 4, 2019 Chapter 15 and Cross-Border Insolvency , IBAJUD Conference, Brazil, April 29, 2019 Recognizing Foreign Proceedings and Enforcing Against Assets , Asset Recovery International, Knect 365 Conference, Ireland, March 2, 2019 What Lawyers and FA’s Must Know to Represent Secured Creditors Successfully , American Bankruptcy Institute, Annual Spring Meeting, April 22, 2017 Cross-Border Insolvencies and Chapter 15 of the United States Bankruptcy Code , Hispanic National Bar Association Corporate Counsel Conference, March 31, 2017 Jevic’s Potential Effects on Asset Sales & Plan Confirmation , American Bankruptcy Institute (ABI) Webinar, August 18, 2016 Whatever Happened to Pre-Packs/Structured Dismissal? Staying Out of Bankruptcy Court: How to Negotiate a Workout Agreement; Pros and Cons of ABC’s and In & Out Quick , 40th Annual Alexander L. Paskay Memorial Bankruptcy Seminar, March 31-April 2, 2016 State of Diversity in the Legal Profession , 5th Annual Bench & Bar Conference, Dade County Bar Association (DCBA), February 26, 2016 The Intersection of Cross-Border Insolvency Proceedings, Receiverships and U.S. Bankruptcy Proceedings , 2016 Caribbean Insolvency Symposium, American Bankruptcy Institute (ABI), February 4-6, 2016 Vaccinations! Helping Clients Enhance Rights and Minimize Risk During the Bankruptcy Lull , 89th Annual Meeting, National Conference of Bankruptcy Judges’ (NCBJ) Commercial Law League of America (CLLA), August 5, 2015 Receiverships and Bankruptcy: Between Scylla and Charybdis , 20th Annual Southeast Bankruptcy Workshop, American Bankruptcy Institute (ABI), July 2015 Getting Paid: Alternative Fee Structures , 2015 DCBA Bench & Bar Conference, February 20, 2015 Receivership Basics, Professional Fiduciary: Responsibilities and Duties , The Florida Bar Business Law section, May 2, 2014 Chapter 15 Update , Caribbean Insolvency Symposium, American Bankruptcy Institute, February 2014 Overcoming Gender Bias: Getting into the Courtroom and Succeeding There , Florida Association of Women Lawyers, October 2013 Legal Prowess. Global Impact.

Sequor Law's Nyana Miller is selected for the International Insolvency Institute's NextGen Leadership Program Class X, recognized as a future expert in international insolvency. Nyana Miller announced as a member of Class X for the NextGen Leadership Program Open Awards & Recognition Open November 3, 2021 1 minute read Sequor Law November 4, 2021 | Stanardsville, Virginia Nyana Miller was nominated by Members of the International Insolvency Institute (III), approved by the III Executive Committee and recognized by the III Bo ard of Directors. The NextGen Class X was honored at the III’s 21st Annual Conference in New York, NY on October 18-20, 2021. These professionals represent the best of the future experts in International Insolvency. The NextGen Leadership program was established in 2012 to create an interesting, informative and valuable environment for younger professionals and academics which will provide them with an opportunity to liaise with the best people in the world in the insolvency area, the Members of the International Insolvency Institute. 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 Ed Davis, Leyza Florin, and Juan Mendoza examine the challenges of seeking US recognition of individual debtors' foreign insolvency proceedings and COMI determination under Chapter 15. Asset recovery column: Recognition of an individual debtor’s insolvency proceeding – beware the perils Open Legal Insights Open March 27, 2019 5 minutes read Sequor Law Ed Davis, Leyza B. Florin and Juan Mendoza Shareholders Edward Davis Jr and Leyza B. Florin , and attorney Juan Mendoza from Sequor Law in Miami discuss the things to watch out for when seeking recognition of an individual debtor’s foreign insolvency proceedings in the US. Recognition of a foreign insolvency proceeding in the United States allows the use of an arsenal of asset recovery weapons for a cross-border practitioner, including the opportunity to obtain discovery relating to the financial condition of the debtor, and to commence actions to collect property and liquidate claims. This arsenal may be particularly effective in situations where an individual debtor flees the jurisdiction of his or her pending bankruptcy case to the United States. Such a change of circumstances may disturb the debtor’s ties with the jurisdiction of the pending insolvency, however, and alter the foreign trustee’s ability to obtain recognition of the foreign insolvency in the United States. This column discusses the nuances a practitioner must consider when pursuing recognition of an individual debtor’s foreign insolvency under Chapter 15. To obtain recognition of a “foreign main proceeding” under Chapter 15 – the United States’ analogue to the Model Law on Cross-Border Insolvency – a foreign representative of the foreign insolvency proceeding must show, among other things, that the foreign proceeding is pending in the country where the debtor has his or her centre of main interests (COMI). An individual debtor’s COMI is defined as the debtor’s “habitual residence”. The foreign representative may also obtain recognition of the foreign proceeding as a foreign non-main proceeding if the debtor has an “establishment” in the country where the foreign proceeding is pending. “Establishment” is defined as a place of operations where a debtor carries out non-transitory economic activity. As the determination of an individual debtor’s COMI or establishment is a fact-intensive inquiry, the operative date for the determination of COMI or establishment could be pivotal in obtaining recognition. US courts are split on the operative date for the determination of the COMI. Some courts have noted that the operative date to determine the COMI is the date on which the Chapter 15 petition was filed. However, several US courts have held that the operative date for determining a debtor’s COMI or establishment is the date on which the foreign insolvency commenced. Though this split of authority is yet to be specifically addressed in the text of Chapter 15, UNCITRAL’s revision to the Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency in 2013 clarified that the date of the commencement of the foreign proceeding is the operative date to determine the COMI. It would be up to the US Congress to pass an amendment to Chapter 15 to conform it to this development, which to date remains an open issue for US courts. In a situation where an individual debtor moves to the United States after the commencement of the initial insolvency proceeding and establishes residence and financial ties in the US, the determination of the COMI or establishment – and possibility of recognising the foreign insolvency proceeding – is a function of whether the operative date for the determination of COMI or establishment is the date of the filing of the initial proceeding or the Chapter 15 proceeding. If the operative date were the commencement of the foreign proceeding, as clarified by the Guide to the Model Law, the individual debtor’s habitual residence would likely be located in the foreign jurisdiction. This would likely result in the finding that the debtor’s COMI or establishment was the jurisdiction of the foreign proceeding. The opposite is true if the operative date is the date of the Chapter 15 filing, as the individual debtor may have developed close ties to the United States, such as changing address, opening new bank accounts and establishing other signs of permanency. Once the operative date is established, the court must analyse the debtor’s circumstances to determine the debtor’s COMI or establishment. As habitual residence is not defined by the bankruptcy statute, it raises yet another level of uncertainty. Though there is no definition for the term habitual residence, courts seem to equate habitual residence with domicile, a concept typically used in the bankruptcy context in the analysis of venue and exemptions to discharge. Like domicile, habitual residence refers to both an individual debtor’s physical presence, or residency, and the debtor’s intent to remain at that residence. The former consideration may seem like a straightforward one since it is hard to dispute a debtor’s physical presence. Yet situations arise where a debtor travels between two separate countries, which makes the analysis of physical presence more difficult. The latter consideration of intent requires an inquiry relating to the debtor’s state of mind, which involves both objective and subjective considerations. To assist with the analysis of the debtor’s state of mind, courts consider the location of a debtor’s family, the debtor’s reasons for moving, the length and continuity of the debtor’s residence, the stability and continuity of the debtor’s employment, and apparent intentions to remain at his or her residence. Courts also consider documents filed with governmental agencies, such as immigration documents, to discern whether a debtor intended to remain in a certain place. As every individual has different circumstances, the factual scenarios regarding the debtor’s habitual residence are endless. Consider the following examples: a businessperson who travels between offices in different countries with family in both countries; a couple that move to the United States on an investor visa but leave their children in their home country; and a person with no family who moves to the United States as a permanent resident but is incarcerated for a significant period. Each scenario would entail a unique analysis regarding the debtor’s state of mind. A Florida decision displays the factual complexity that may complicate an individual debtor’s Chapter 15 COMI analysis. In Richardson, the court analysed the habitual residence of an individual debtor who was in the process of moving to Florida from the UK under an investor visa, shortly after the commencement of an insolvency proceeding against him in the UK. Analysing the debtor’s COMI as of the commencement of the UK insolvency proceeding, the bankruptcy court noted that as of that date, the debtor no longer owned a home in the UK or operated a business in the UK, but retained his UK passport, UK pension account, UK email address, and immediate and extended family in the UK. Importantly, the court emphasised the debtor’s investor visa documentation, which contained a sworn statement that he fully intended to return to Great Britain upon the expiration of his visa term. Accordingly, the court held that the UK was the debtor’s habitual residence and COMI, and granted recognition of the debtor’s UK insolvency proceeding. Practitioners must be aware of the uncertainty in the case law with respect to the operative date for the determination of an individual debtor’s COMI or establishment, and the lack of uniformity presently employed by US courts in assessing an individual debtor’s habitual residence. Most importantly, practitioners must be prepared to make factual assessments of the debtor’s circumstances and face challenges presented by such factors required to prove an individual debtor’s habitual residence. References Guide to Enactment and Interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (2013 revision), section 141. In re Richardson, Case No. 9:14-bk-04875-FMD, DE 120 (Bankr. M.D. Fla. 1 June 2016). In re Loy, 380 B.R. 154 (Bankr. E.D. Va. 2007). In re Ran, 607 F.3d 1017 (5th Cir. 2010). In re Kemsley, 489 B.R. 346 (Bankr. S.D.N.Y. 2012). United Nations Commission on International Trade Law (UNCITRAL), Model Law on Cross-Border Insolvency, 10, U.N. Gen. Assembly, UNCITRAL 30th Sess., U.N. Doc. A/CN.9/442 (1997), is available at their website . 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..