Explore how Rule 4(f) international service of process provides options for serving defendants abroad without an international agreement. Learn more about Rule 4(f) international service of process strategies. Service of Process Abroad: No International Agreement? Open Legal Insights Open May 23, 2022 2 minutes read Sequor Law Serving a defendant outside the United States can quickly become one of the most procedurally complex stages of a case—particularly when the destination country is not a signatory to the Hague Service Convention or any other applicable international service treaty . But the absence of a treaty does not leave litigants without options. In their article for ThoughtLeaders4 FIRE Magazine (Issue 9) , Sequor Law Shareholder Leyza Blanco , Attorney Juan Mendoza , and Attorney Alejandro Rodriguez Vanzetti examine how Federal Rule of Civil Procedure 4(f) provides workable mechanisms for effecting service abroad even when no international agreement governs. The authors take a practical, court-centered approach to Rule 4(f) , explaining how its structure allows litigants to pursue several avenues depending on the circumstances. While treaty-based service under Rule 4(f)(1) is often the first consideration, the analysis does not end there. The article discusses how courts interpret Rule 4(f)(2) and 4(f)(3) , particularly in jurisdictions where no international agreement applies or where traditional channels are ineffective. Emphasis is placed on due process, judicial discretion, and the requirement that any proposed method be reasonably calculated to provide notice. Importantly, the article highlights how courts assess whether a proposed method is affirmatively prohibited by foreign law, how alternative service has evolved in response to modern realities, and what evidentiary support judges expect when litigants seek court-directed service. Rather than treating service abroad as a rigid procedural obstacle, the authors frame it as a strategic issue—one that requires careful analysis of the rule, the foreign jurisdiction, and the factual record before the court. For practitioners confronting cross-border defendants in commercial litigation , fraud matters , or enforcement proceedings, this piece offers a grounded examination of the available procedural tools and the considerations that can influence a court’s decision. To explore the full discussion and case analysis, we invite you to read the complete article in the T4 Fire magazine PDF (pages 48–50). Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law monitors COVID-19's impact across Latin America, analyzing emerging threats to cross-border insolvencies as the pandemic disrupts economies, court systems, and exit financing. COVID-19 and Cross-Border Insolvencies Open Legal Insights Open April 17, 2020 5 minutes read Sequor Law Brazil’s health minister has predicted that the spread of COVID-19 would reach its peak between April and June and has warned that Brazil’s health system could reach saturation by the end of April. As the novel coronavirus has been spreading throughout the region, Sequor Law has monitored its impact across Latin America. Brazil confirmed its first COVID-19 case, the first in Latin America, from a traveler who had visited Northern Italy before arriving in Sao Paulo, a city of approximately 20 million people with the largest urban population in the Americas. It is also the country’s financial center and a business hub representing one of Latin America’s largest economies. The news, which arrived after a long weekend of Carnival celebrations, brought with it a deep and almost immediate dive in the Ibovespa stock index similar to the losses that have been seen elsewhere around the globe. Most recently, Brazil closed its border to eight neighboring countries, banned travel from Europe and Asia, and closed schools, colleges, courts, and commercial business in its largest cities. Brazil’s top soccer teams have handed stadiums over to health authorities to turn them into field hospitals and clinics in the fight against the COVID-19 pandemic. Brazil’s health minister has predicted that the spread of COVID-19 would reach its peak between April and June and has warned that Brazil’s health system could reach saturation by the end of April. At present, the country has over 4,600 confirmed cases, 165 deaths and reports indicate that the number of new cases is steadily growing. With various government officials testing positive for COVID-19, including 14 who accompanied its president, Jair Bolsonaro, to Florida a few weeks ago, the federal government has declared a national emergency in Brazil allowing the government to free up budget resources and announcing an economic stimulus package of approximately $40 billion euros. Notwithstanding all of these measures, Brazil’s currency recently hit an all-time low of R $5.2 per dollar before its Central Bank helped pare losses by cutting its benchmark interest rate to an all-time low of 3.75%, pledging to deploy financial stability policies to fight the crisis. Like the United States, closures of commercial establishments and travel bans have hit Brazil’s retail, entertainment and aviation sectors hard. Like Brazil, nations throughout the region are in a race to “flatten” the exponential spread of COVID-19. Recent reports have stated that every country in Latin America and the Caribbean now have confirmed cases of COVID-19. Argentina is on total lockdown. In Chile—a country that already faced a political crisis prior to the coronavirus pandemic—restricted freedom of movement has postponed its April referendum for a new Constitution. Examples of such “social distancing”-inspired policies are ubiquitous. Efforts to get ahead of the most horrific potential consequences of COVID-19, however, have begun to exact a hefty price, as large sectors of the regional economy have all but shut down. Even in these early days, we have already begun to see an impact in U.S. bankruptcies, as distressed companies in pending reorganization proceedings are losing their exit financing and private equity investors are lowering or pulling bids to acquire the assets of bankrupt companies due to market volatility caused by the pandemic. Unfortunately, with no clear medical solution on the horizon and talk of increasing infection rates impacting the region, it appears likely that the situation will get worse before it gets better. On March 27, the managing director of the International Monetary Fund, Kristalina Georgieva, said that the global economy has now entered a recession that could be as bad as or worse than the financial crisis in 2009. Although Georgieva noted that the world economy could experience a “sizeable rebound” in 2021 if nations are successful in containing the pandemic, she stressed that “a key concern about a long-lasting impact of the sudden stop of the world economy is the risk of a wave of bankruptcies and layoffs that not only can undermine the recovery but erode the fabric of our societies.” These statements capture the reality that, unlike other recent recessions, it is difficult to identify sectors of the economy that will not be impacted by the current crisis. The extent of the crisis is perhaps most poignantly captured by the report that more than 6.6 million workers filed claims for unemployment in the United States this week—a number that shattered all prior records for such filings. Although the most widely publicized effects of the worldwide shutdown have been seen in the aviation, cruise, hospitality (restaurant and hotel) and retail sectors, this crisis will undoubtedly result in a sharp increase in both domestic bankruptcy cases, and cross-border insolvency matters across all sectors where foreign companies and liquidators may seek U.S. assistance to obtain relief from creditors (such as by obtaining a stay of collection actions), to protect assets located in the United States or to obtain information or directly enforce rights against third parties in furtherance of a foreign bankruptcy proceeding. Certainly, our years of experience as bankruptcy specialists tell us that the rise of domestic bankruptcy cases for small businesses and the sectors of the economy hardest hit by the shutdowns are inescapable, as many businesses cannot withstand the strain of even a temporary closure without revenue combined with continuing obligations to pay fixed costs. It is likely that a similar dynamic will play out in national economies around the globe, including Brazil and other Latin American countries. Countries are already responding to the anticipated surge in insolvencies. In the United States, the recently enacted stimulus bill dramatically expands access to the simplified and expedited procedures that apply to small business bankruptcies, such that relief may temporarily be accessed to reorganize debts up to $7,5 million (up from $2,725,625) through Dec. 31, 2020, and extending payment plans under Chapter 13 up to seven years due to financial consequences stemming from COVID-19. Similarly, in Brazil, the Chamber of Deputies approved new preventive restructuring measures to enable companies facing financial difficulties to continue their operations including a special recovery plan for micro and small companies, allowing the extension of payment terms, reduction of interest and fines relating to tax debts, allowing more flexibility in relation to the possibility of negotiation of the parties in structuring a recovery plan and simplification of judicial procedures. In addition to the potential for increased bankruptcy filings, our experience in cross-border fraud suggests that widespread financial distress (such as that seen during the last financial crisis) and the ensuing insolvency proceedings that follow, bring increased oversight, investigations, and, potentially, the discovery of financial frauds (like Madoff or, more recently, the “Operação Lava Jato” or “Car Wash” scandal in Brazil) that may have previously been overlooked. The discovery of improper transfers and fraud, which are more likely to come to light during a downturn, and certainly in bankruptcy, may result in the filing of cross-border insolvency proceedings under Chapter 15 of the Bankruptcy Code, where administrators and trustees search for offshore assets and information that will facilitate recovery for their creditors. Even if the United States is fortunate enough to avoid the worst potential outcomes of this pandemic (most critically as it relates to the loss of human life), it appears inescapable that the ongoing shutdown of the global economy will result in increasing insolvency proceedings in all economic sectors (both in the United States and abroad). As numerous international businesses have substantial ties and interests in the United States (particularly, in South Florida), this drastic increase in foreign insolvency proceedings will inevitably translate to increasing numbers of cross-border insolvency proceedings in the United States. Leyza B. Florin and Fernando J. Menendez are shareholders at Sequor Law in Miami. The firm specializes in hidden asset recovery, notably Brazil-linked Chapter 15 cross-border cases. To view 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 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Leyza B. Florin and Raul Torrao explain UNCITRAL's 2019 Model Law on Enterprise Group Insolvency and its implications for cross-border insolvency proceedings. Asset recovery column: The mechanics of the UNCITRAL Model Law on Enterprise Group Insolvency Open Legal Insights Open December 4, 2019 8 minutes read Sequor Law Sequor Law shareholder Leyza B. Florin and attorney Raul Torrao in Miami discuss the United Nations Commission on International Trade Law (UNCITRAL)’s newly approved Model Law on Enterprise Group Insolvency. Purpose The model law, approved in July 2019, is a new legal framework designed to address domestic and cross-border insolvency cases involving multiple debtors that are members of the same enterprise group. Though it provides innovative tools to address the specific needs of proceedings involving enterprise groups, its practical use will be revealed throughout the next years by its implementation and actual application by the courts of states that adopt the model law. UNCITRAL developed the Model Law on Enterprise Group Insolvency to fill a void left by the 1997 Model Law on Cross-Border Insolvency, with respect to the administration of multiple insolvency proceedings affecting different members of an enterprise group located in multiple jurisdictions. Indeed, in today’s global economy, the operations of the members of some enterprise groups are so interconnected and span so many jurisdictions that the group can only be appropriately reorganized or liquidated if there is a plan that embraces the whole group – or at least the part of the group that is affected by the insolvency proceedings. Both model laws provide for the cooperation of courts presiding over cross-border insolvency cases, although each applies in a different context. The Model Law on Cross-Border Insolvency focuses on single debtor insolvency proceedings, while the Model Law on Enterprise Group Insolvency is designed to address the specific needs of insolvency proceedings that involve multiple debtors that are members of the same enterprise group in different jurisdictions. Concepts To address such specific needs, the Model Law on Enterprise Group Insolvency provides directives on coordination and cooperation between courts and among insolvency representatives, development of a group insolvency solution for the whole enterprise group or part of it in a single planning proceeding, the appointment of a single representative to coordinate the development of a group insolvency solution and voluntary participation of enterprise group members in the planning proceeding regardless of whether they are affected by the insolvency of part of the enterprise group. It also includes directives on access by foreign courts and insolvency representatives to the planning proceeding, cross-border recognition of foreign planning proceedings, and measures to minimize the commencement of non-main and main proceedings through the equal treatment of claims in a foreign main proceeding in an adopting jurisdiction. The Model Law on Enterprise Group Insolvency uses some nomenclature and definitions from the Model Law on Cross-Border Insolvency, such as what is a main proceeding, a non-main proceeding, and the center of main interest (COMI) of a debtor. In addition, the Model Law on Enterprise Group Insolvency contains several articles similar to the Model Law on Cross-Border Insolvency, especially in the chapters regarding the cooperation and coordination between courts and among insolvency representatives and in the chapters that provide for the recognition of a foreign proceeding. Among the new concepts introduced by the Model Law on Enterprise Group Insolvency, the “group insolvency solution” is one of the most relevant ones. Article 2(f) of the model law broadly defines a group insolvency solution as “a proposal or set of proposals developed in a planning proceeding for the reorganization, sale or liquidation of some or all of the assets and operations of one or more enterprise group members, with the goal of protecting, preserving, realizing or enhancing the overall combined value of those enterprise group members.” The draft guide of enactment of the model law clarifies that the term is intended to be a flexible concept, that can be tailored to address the specific circumstances of the enterprise group, such as its structure, business model, degree and type of integration between enterprise group members and other factors. The group insolvency solution is developed in a “planning proceeding,” which is an insolvency proceeding commenced with respect to an enterprise group member that meets certain criteria. It must be a main proceeding taking place in the jurisdiction where an enterprise group member debtor has the COMI, in which the enterprise group member likely is a necessary and integral participant of the solution (although the concept is still undefined). It must include the voluntary participation of enterprise group members for the development of a group insolvency solution (although they may opt-out at any point), and include the appointment of a group representative, which may be the same person as the insolvency representative appointed in the main proceeding or a different person. Once a planning proceeding is established, the group representative may seek relief from the court that is either needed to preserve the possibility of developing or implementing a group insolvency solution, or to protect, preserve, realize, or enhance the value of assets of an enterprise group member subject to or participating in a planning proceeding or the interests of the creditors of such enterprise group member. Relief The model law provides for a non-exhaustive list of reliefs that are typically granted in insolvency proceedings. This includes empowering the group representative to seek recognition of the planning proceeding in other jurisdictions and seek any relief available to support the development and implementation of a group insolvency solution, as well as seek to participate in foreign proceedings relating to an enterprise group member regardless of whether the latter is participating in the planning proceeding. Despite the model law’s aim to centralize an enterprise group’s insolvency proceeding, nothing in the model law prevents more than one planning proceeding from being established. Obviously, the immoderate commencement of multiple planning proceedings would destroy the purpose of having a centralized proceeding where all parties can meet and develop a group insolvency solution. However, the special circumstances driven by the way enterprise groups are structured might justify the exceptional establishment of more than one planning proceeding to obtain the proper insolvency solution for the group. To aid its goal of centralizing and streamlining insolvency proceedings of members of an enterprise group, the model law also provides a mechanism to minimize the commencement of non-main proceedings in other jurisdictions. A creditor of any enterprise group member may choose to bring its claim directly in the main proceeding commenced in a jurisdiction that adopted the model law. The claim will be treated in the main proceeding in accordance with the treatment it would be accorded in its original jurisdiction; that is, the foreign claim will receive the same distribution and priority rights in the main proceeding as it would receive in its original jurisdiction. To accomplish such treatment of claims, the claim treatment must: be presented by the insolvency representative appointed in the main proceeding – or jointly by the insolvency representative and the group representative; meet any additional formal requirements established by the jurisdiction of the main proceeding; and be approved by the court of the main proceeding. Once the claim treatment is approved, it is enforceable and binding on the insolvency estate of the main proceeding, this way protecting the creditor of the foreign claim. In addition to the above-described mechanism, the model law allows the court of the foreign forum where the creditor could have brought the aforementioned foreign claim to approve the treatment accorded in the main proceeding and to stay any non-main proceedings already commenced or to decline the commencement of new non-main proceedings. The effect of this implementation is that creditors of similar foreign claims may only file such foreign claims before the court of the main proceeding. This measure is not mandatory and it is the option of the court of the original jurisdiction of the foreign claim to use such tool. The model law also provides for this undertaking on the treatment of foreign claims and the possibility of the court to stay or decline to commence a new insolvency proceeding also in relation to a main proceeding. In other words, creditors of a claim that may be brought in a main proceeding in one jurisdiction also have the option to file the claim in another main proceeding affecting one of the enterprise group members in another jurisdiction that adopted the model law, and courts of the first jurisdiction may approve the undertaking on the treatment of that claim and stay or decline to commence a main proceeding. This measure is counterintuitive and is inconsistent with the expectations of creditors, the enterprise group members, and third parties that expect that insolvency proceedings should be conducted in the jurisdiction where the COMI of the enterprise group is located. Thus, the draft guide to the enactment of the model law advises that such measure should only be taken in exceptional circumstances, specifically when the efficiency benefits largely outweigh the negative effects on the creditors’ expectations. The provisions that refer to minimizing the commencement of main proceedings are located in part B of the model law, and are available for adoption by jurisdictions that want to take this extra step on the centralization of cross-border insolvency proceedings. It is important to note that the Model Law on Enterprise Group Insolvency is not a workaround from the formalities of the insolvency laws of the adopting jurisdiction. The fact that a planning proceeding may address the reorganization or liquidation of a participating enterprise group member does not grant unrestrictive access by creditors to the assets of that enterprise group member. Under the model law, relief in the planning proceeding may not be granted with respect to the assets of participating enterprise group members if the entity is not subject to an insolvency proceeding under the forum’s applicable laws, unless the reason that such proceeding has not commenced was for the purpose of minimizing the commencement of insolvency proceedings in accordance with the Model Law. In addition, if the participating enterprise group member has its COMI in another jurisdiction, relief will only be granted in the jurisdiction that adopted the model law if it does not interfere with the administration of insolvency proceedings taking place in other jurisdictions. Impact The framework presented by the Model Law on Enterprise Group Insolvency not only creates new legal tools for specific insolvency cases, but also creates a new international cooperation system to enhance the insolvency proceedings of an enterprise group. Though issues regarding the jurisdiction and the power of courts may be minimized in a single-debtor cross-border insolvency case under the Model Law on Cross-Border Insolvency, such issues are more prevalent when members of an enterprise group are subject to insolvency proceedings in different jurisdictions. Indeed, in a multi-debtor cross-border insolvency case under the Model Law on Enterprise Group Insolvency, several issues regarding the jurisdictional power of the courts involved are likely to arise. This is because there are potentially multiple main proceedings, each located in a different jurisdiction, and only one – or a few – of them can be qualified as a planning proceeding for the development of a group solution, which will determinate the outcome of the insolvency proceedings. It is unclear if the Model Law on Enterprise Group Insolvency’s cooperation system will only be useful if all jurisdictions involved have adopted its text. With regard to the Model Law on Cross-Border Insolvency, generally only the jurisdiction of the court that is providing assistance to the foreign proceeding must have adopted it in order for that cooperation system to work. On the other hand, the cooperation between courts of different jurisdictions in a group insolvency case might not work if one of the involved jurisdictions has not adopted the Model Law on Enterprise Group Insolvency. It is possible that jurisdictions that do not adopt provisions relating to centralized planning proceedings will be reluctant to defer their jurisdiction over an insolvency proceeding involving an enterprise group member to another jurisdiction. Hopefully, jurisdictions will see the benefits of having a group insolvency solution for maintaining or adding value to the whole group, or even to the group members that are affected by the insolvency proceeding in that jurisdiction, and utilize the new tools provided by the new model law. To view 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 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Who’s Who Legal recognizes Sequor Law founding shareholder Edward H. Davis, Jr. as a Thought Leader. He discusses boutique focus, asset recovery, and major Ponzi cases. Edward H. Davis, Jr., selected as a Who’s Who Legal Thought Leader Open Awards & Recognition Open November 30, 2017 4 minutes read Sequor Law Who’s Who Legal: Thought Leaders 2018 brings together the insight, expertise and wisdom of some of the world’s foremost lawyers in a single book. This year’s edition features Q&As with 67 eminent practitioners across 22 practice areas. These lawyers obtained the highest number of nominations from peers, corporate counsel and other market sources in our most recent research cycle. Edward H. Davis, Jr. Questions and Answers: Who’s Who Legal Thought Leaders: Asset Recovery Edward H Davis, Jr, a founding shareholder of the international law firm Astigarraga Davis, heads the firm’s asset recovery and financial fraud group which represents victims of serious fraud and grand corruption including governments, corporations, insolvency practitioners and individuals by investigating and prosecuting civil fraud and asset recovery actions. Who’s Who Legal: Asset Recovery has recognised Davis as the global Asset Recovery Lawyer of the Year from 2013 to 2016, and his firm as Asset Recovery Firm of the Year for 2015 and 2016. WHY DID YOU DECIDE TO SPECIALISE IN ASSET RECOVERY AND FRAUD WORK? I enjoy representing victims and helping them level the playing field with those that prey on them. As a result, I decided to focus my practice on the representation of individual, corporate and governmental victims of fraud throughout the world. I also enjoy learning about other legal cultures, and asset recovery and fraud work is a specialised form of international litigation. Lastly, I enjoy the “hunt” for those that have committed fraud and their ill-gotten gains. WHAT PROMPTED YOU TO FOUND YOUR OWN FIRM? My partners and I were seeking a better way to serve our clients in response to new factors in the industry affecting both the legal profession and our clients. Having a specialised boutique allows us to employ our “power of focus” concept and truly focus deeply on our practice groups and developments in the law to a degree that might not be attainable in a more generalised platform. Also, our boutique setting is nimbler and more cost-effective than that of many other firms, and allows us to take cases on alternative fee structures. WHAT MAKES FOR A SUCCESSFUL ASSET RECOVERY SPECIALIST? The actions taken in the first days following the discovery of a fraud often will determine whether the misappropriated funds or other property are ultimately recovered. Our team responds quickly to such fraud by using emergency injunctions, expedited depositions, subpoenas of bank records, our vast connections to experienced professionals and investigators around the world to seek to either locate the assets before they are dissipated or to investigate and bring claims against third parties who assisted the fraudsters. WHAT IS THE MOST MEMORABLE MATTER THAT YOU’VE WORKED ON TO DATE? Stanford International Bank, Ltd was an Antiguan bank that sold phony certificates of deposit to 21,000 depositors, which resulted in the second-largest Ponzi scheme in history by causing losses to over 27,000 depositor-victims from around the world. Estimated losses by depositor-victims exceeded $5 billion. WHAT CHALLENGES ARE FACING PRACTITIONERS AT THE MOMENT AND HOW IS YOUR FIRM LOOKING TO MEET THESE OBSTACLES? The pressure from clients to keep legal fees and costs as low as possible continues to be one of the challenges affecting practitioners. This can be a problem because of the crisis-like atmosphere in which successful asset recovery practitioners function. We combat these challenges by working closely with investigators, computer forensic experts, foreign lawyers, forensic accountants, law enforcement and other experts. These professionals are key resources in a rapid response to a discovered fraud which can lead to escalated costs (such as cost bonds) which would not be the norm in another practice area. Our firm has been meeting this particular challenge by offering alternative fee arrangements when historically the standard was solely hourly fee billing, and by working with litigation funders that assist victims of fraud who usually don’t have the resources to fight the fraudster after the fraud. DO YOU ANTICIPATE THAT THE INTERNATIONAL COMMUNITY’S INCREASING READINESS TO TACKLE CORRUPTION WILL LEAD TO GROWING INTEREST IN ASSET RECOVERY WORK IN THE WIDER LEGAL MARKET? Yes, as technology continues to get more sophisticated, the speed of the movement of money throughout the world will likewise increase. This, combined with a growing awareness that national borders are no more an impediment to recovery than they are to the fraudster who moves across those same borders, will likely result in the interest in asset recovery work growing into a larger distinct legal market. We already see firms forming asset recovery departments and groups which is a signal that that the market is recognising this distinct practice area as an exciting new offering to their clients. HOW IMPORTANT ARE ORGANISATIONS SUCH THE ICC COMMERCIAL CRIMES SERVICES’ FRAUDNET NETWORK IN INTERNATIONAL ASSET RECOVERY WORK? Organizations like the ICC’s FraudNet are very important and necessary in the international asset recovery work. Fraudsters work using their own networks of cronies and those that provide them assistance – legal and otherwise. So it is essential that counter-networks operate at a high level of coordination to defeat them. They also are powerful change agents that raise awareness and educate fraud victims worldwide about the methods that can be deployed to assist them in their fight to recover their assets and damages. AS HEAD OF THE FIRM’S ASSET RECOVERY AND FINANCIAL FRAUD PRACTICE, IN WHAT WAYS ARE YOU ATTEMPTING TO DISTINGUISH YOUR GROUP FROM OTHER COMPETITORS IN THE MARKET? I work on creating innovative solutions. I’ve helped develop and expand various creative discovery and asset seizure methodologies to obtain recoveries for our clients. Additionally, I’ve both led and worked collaboratively on various civil asset recovery teams – another concept I helped pioneer – on cross-border asset recovery engagements. Having a strong commercial litigation and insolvency background, my team and I have championed and coordinated asset recovery efforts between civil and criminal systems as a means to penetrate and defeat complex opaque asset hiding structures used by fraudsters. I was recently mentioned by Latin Lawyer (2016) for my efforts in the area of asset recovery. Lastly, as a result of our efforts, I was also recognised as the global Asset Recovery Lawyer of the Year by Who’s Who Legal: Asset Recovery, in 2013 (and again in 2014, 2015 and 2016); my firm was recognised as the Asset Recovery Firm of the Year in 2015 and 2016 by the same publication. View PDF Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Grant Thornton liquidators of three BVI companies linked to an alleged $200M fraud by a former São Paulo mayor file for Chapter 15 recognition in Miami after pooling their proceedings. Pooled BVI liquidations seek US recognition Open In the News Open December 12, 2019 3 minutes read Sequor Law The liquidators of three British Virgin Islands companies tied up in an alleged US$200 million fraud conducted by a former mayor of São Paulo have filed for US recognition, days after a local court authorised the pooling of their liquidations. Grant Thornton director Matthew Richardson , who is joint liquidator alongside partner Kevin Hellard of BVI companies Durant International, Kildare Finance, and MacDoel Investment, filed for recognition of the three companies’ liquidations before the US Bankruptcy Court for the Southern District of Florida on 11 December. Kildare and Durant have been in liquidation in the BVI since November 2017, and MacDoel since April of this year. The BVI High Court ordered the liquidations to be pooled on 5 December after finding the movement of monies between the three of them “would have no practical advantage”, in the first written ruling of its kind in the jurisdiction. Richardson told the Florida court that the three companies had “no legitimate purpose” and were nothing more than vehicles to launder the proceeds of “wide-scale frauds” allegedly committed against the city of São Paulo by their controller, the city’s former mayor Paulo Maluf and members of his family. Maluf, a right-wing populist and member of Brazil’s Progessives party, served as mayor from 1969 to 1971 and 1993 to 1997. He is now under house arrest after being convicted of fraud in 2017 and sentenced to seven years’ imprisonment. It is alleged that during his latter term around US$200 million was misappropriated from public funds through “bribes, secret commissions and other fraudulent payments” in connection with the construction of the city’s Avenida Agua Espraiada, which divides the districts of Itaim Bibi and Campo Belo. The boulevard is now known as Avenida Jornalista Roberto Marinho following a 2003 renaming. Richardson says Brazilian authorities became aware of the fraud in 1999 when they received inquiries from police in Jersey after the submission of a suspicious transaction report to the island territory’s money laundering authorities. The governments of Brazil and São Paulo sought to prove the fraud in the Jersey courts by reference to a month’s sample of transactions flowing through Kildare and Durant. Based on those samples the Royal Court of Jersey found a constructive trust for US$10.5 million against the companies in 2012, and then the following year gave judgment against them for US$28.3 million in favour of the governments. Although the governments recovered US$3.44 million from Kildare and Durant’s Jersey accounts, the companies made no attempt to pay the balance, leading the governments to seek the appointment of liquidators in the BVI. Richardson said MacDoel had also played a role in the fraud as a conduit for funds, identifying just over US$4 million in Kildare’s books that it had paid to the company without consideration or evidence of repayment. The pair obtained MacDoel’s liquidation after it failed to pay a statutory demand for that amount in April. But Richardson said the money from the Jersey judgment “represents only a very small part of the total funds derived from the fraud”, because the judgment reflected only one month’s worth of transactions. He said the total amount of money derived from the frauds was “in the region of US$200 million” and claims against the three estates amount to at least US$172 million. He said he was as yet unable to determine the total value or location of the companies’ assets, but said he had learned they “may be concealed in the United States” and foreign tax havens, under the names of Maluf’s relatives. Richardson said he hopes to make recoveries by asserting proprietary claims in the US and possibly by bringing tracing claims against third parties. In the US Bankruptcy Court for the Southern District of Florida (19-26542) (19-26545) (19-26547) Counsel to Grant Thornton Sequor Law Partner Gregory Grossman in Miami In the High Court of Justice of the British Virgin Islands, Commercial Division Justice Adrian Jack Joint liquidators of Durant, Kildare and MacDoel Grant Thornton Partner Kevin Hellard in London and director Matthew Richardson in the British Virgin Islands Counsel to the joint liquidators Maples and Calder Partner Alex Hall Taylor , of counsel David Welford and associate Scott Tolliss in the British Virgin Islands To view 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 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law expands its Washington, D.C. office with David Short, bolstering the firm's cross-border litigation, asset recovery, and financial fraud practice. Sequor Law Expands Washington, D.C. Office with Addition of David Short Open Firm News Open January 13, 2026 2 minutes read Sequor Law Washington, D.C. – Wednesday, May 21, 2025 – Sequor Law is pleased to announce the expansion of its Washington, D.C. office with the addition of David Short . This strategic hire reflects the firm’s ongoing growth and commitment to serving clients in complex cross-border litigation, asset recovery, and financial fraud matters across key jurisdictions. David brings deep experience in complex commercial litigation, appellate advocacy, and government-related disputes. He has represented institutional clients in high stakes matters involving financial fraud, contract disputes, and internal investigations. His background includes extensive work across federal trial and appellate courts. “David’s sharp legal acumen and breadth of experience in both litigation and investigations make him a valuable addition as we continue building our presence in Washington,” said Tara Plochocki, Partner and Head of Sequor Law’s D.C. office. “His arrival strengthens our ability to serve clients engaged in sophisticated, multi-jurisdictional disputes.” David has advised clients in matters involving sensitive information—enhancing the firm’s ability to manage complex and confidential matters. He also brings insight from clerkship and fellowship roles within the U.S. federal court system, contributing to his nuanced understanding of federal procedure and strategy. He earned his J.D. from the University of Virginia School of Law, where he served as Article Development Editor of the Virginia Environmental Law Journal and competed in the Lile Moot Court. David received his B.S. from the College of William and Mary, where he was a James Monroe Scholar. He is admitted to practice in Washington, D.C., Virginia, and New York. Sequor Law’s D.C. office continues to grow in response to increasing demand for international enforcement and asset recovery expertise. The firm’s expansion aligns with its long-term strategy to serve clients across borders through highly focused and experienced legal teams. “We’re proud to be expanding in Washington with top-tier talent like David,” said Gregory S. Grossman, Founding Shareholder of Sequor Law. “His addition supports our mission to provide seamless legal solutions in complex, multi-jurisdictional matters and enhances the strength of our national litigation platform.” For more information, visit: www.sequorlaw.com *** Headquartered in Miami and with an office in Washington, D.C., Sequor Law is an international law firm focusing on representing victims of financial fraud, including sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners, and all manner of clients in the areas of asset recovery, financial fraud, cross-border insolvency, and international litigation and arbitration. www.sequorlaw.com . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

The FBI launches an international corruption squad in Miami targeting South American bribery and money laundering, as federal cases involving illicit foreign funds grow in South Florida. FBI has new Miami squad to fight international corruption Open In the News Open March 11, 2019 4 minutes read Sequor Law By David Lyons For many South Floridians, it’s no secret that the place they call home is a longtime haven for illicit drug money or cash stolen from foreign governments. So it should come as no surprise that the FBI is now setting up an international corruption squad office in Miami. The squad, scheduled to start its work this month, will be focusing on South America. Agents will be out to bust white-collar criminals who bribe foreign public officials and then launder the proceeds through the purchase of local real estate or fancy boats. The squad, the fourth one to be established nationally, will be staffed by senior FBI agents, forensic accountants and prosecutors and investigators who are experienced chasing white-collar criminals and public corruption. The bureau currently operates squads in New York, Washington, D.C., and Los Angeles. Between 2016 and 2018, according to The Associated Press, prosecutors have won 34 convictions in cases brought by the international unit. ‘It’s about time’ There’s plenty of demand for a dedicated effort to investigate the region’s link to corruption in Latin America, say former U.S. attorneys for South Florida. “My first reaction is it’s about time,” said Marcos Jimenez, who served between 2002 and 2005. “The FBI should have done this years ago.” “South Florida has been the corruption capital of Latin America that entire time, and they haven’t dedicated sufficient resources to it,” said Jimenez, a commercial litigator based in Coral Gables. That was mainly because the terrorist attacks on New York and Washington diverted resources to counterterrorism work. ‘Follow the money’ A typical case pattern is for people who receive bribes to salt their money away in South Florida real estate. Jimenez surmised that the government has received an uptick in leads from a reporting program operated by the U.S. Treasury Department’s Financial Crimes Enforcement Network. It requires title insurers to report the identities of people who buy residential real estate valued at $300,000 or more. South Florida is one of eight regions subjected to a geographic targeting order designed to flag money laundering through real-estate deals. “It’s the same old rule that has never changed, which is follow the money,” Jimenez said. Wifredo Ferrer, who was U.S. attorney between 2010 and 2017, said that increasingly, he has seen U.S. law enforcement partnering with counterparts in Brazil, Argentina, Peru and Mexico, nations that are all cracking down on corruption. And then there is Venezuela, whose well-connected officials and businessmen have become rich as the socialist government of Nicolas Maduro has edged toward collapse. American sanctions against corrupt Venezuelan officials have reportedly prompted the U.S. Treasury to freeze billions under the control of military officers and others with government ties, including $500 million in assets belonging to a former vice president, Tarak El Aissami. “In Venezuela there is such a focus right now by the U.S. government in making sure they bring to justice those who have laundered money stolen from the country,” said Ferrer, who is executive partner of the Miami office of Holland & Knight. Bringing indictments South Florida’s federal courts have been the scene of indictments and guilty pleas involving defendants who handled illicit Venezuelan money, with the cases led by the U.S. Immigration and Customs Enforcement ’s Homeland Security Investigations. Last August, Matthias Krull, a German-born managing director of a Swiss bank in Panama, pleaded guilty in Miami to a single money laundering count and admitted laundering embezzled funds from PDVSA, the state oil company, for relatives of an unnamed Venezuelan government official. And last November, Alejandro Andrade Cedeno, a former Venezuelan national treasurer residing in Wellington, was sentenced to 10 years for a money laundering conspiracy involving more than $1 billion in bribes, according to the U.S. attorney’s office in Miami. Ferrer asserted that throughout much of the hemisphere, Latin Americans are weary of corruption and yearn for local authorities to curtail it. “There is an increase in public outcries,” he said. “There have been marches in certain countries. Citizens don’t want to keep having to suffer the negative effects of corruption. There is a real will and desire in these countries to have this focus.” A special investigative squad for Miami makes sense to private lawyers who help clients recover stolen or missing assets and advise them on compliance laws. South Florida, according to one, is not only a convenient place to hide money, it is a place to make arrangements to cut bribery deals in other countries. “People just don’t call up and say, ‘Can I pay you a bribe?’” said Edward Davis , of Sequor Law in Miami. “There is a negotiation process. It’s common to have a place where they meet and talk things through. If you’re a European manufacturer trying to get a contract, the last thing you want to do is to be seen talking to an official in that country.” The Miami squad will work with the U.S. Attorney’s Office for the Southern District of Florida, and the Miami regional office of the Securities and Exchange Commission, the FBI said. Neither the FBI in Washington nor the U.S. Attorney’s Office for the Southern District of Florida responded to follow- up questions to the announcement. The existing squads work in conjunction with the Department of Justice’s fraud and money laundering asset forfeiture sections, and report directly to the department in Washington. “The squads routinely partner with foreign law enforcement and FBI legal attache offices … to combat international corruption matters,” the FBI said in a statement. This story has been corrected to reflect that the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, not the FBI, led the cases involving money laundering schemes related to Venezuela. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

A practical analysis of asset sales under § 363 in Chapter 15 bankruptcy cases, addressing cross-border insolvency challenges and the role of foreign representatives in U.S. courts. Selling Assets in Chapter 15 Matters: Practical Considerations in Cross- Border Insolvencies Open Legal Insights Open August 26, 2019 9 minutes read Sequor Law Asset sales under § 363 of the U.S. Bankruptcy Code [1] have become a critical component of the bankruptcy practitioner’s arsenal, and a preferred avenue of monetizing a debtor’s assets. The process is generally straightforward, and the Bankruptcy Code provides the framework of how sales should proceed. U.S. practitioners have become well versed in the § 363 sale process and how to address recurring issues; however, chapter 15 of the Bankruptcy Code [2] adds an additional layer of complexity that must be observed and resolved carefully. When the U.S. adopted chapter 15, it codified the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (“Model Law”). [3] Chapter 15 aimed to facilitate U.S. recognition of foreign insolvency proceedings and increase international cooperation among courts in cross-border insolvency cases. [4] However, the Model Law is a generic template for countries around to world to incorporate into their existing insolvency laws. [5] Therefore, chapter 15’s adoption has created both conflicts and gaps as to how practitioners utilize the Bankruptcy Code to aid and facilitate cross-border insolvencies. This article highlights how the application of and compliance with § 363 is an example of these conflicts and gaps, and it provides some thoughts on what to look out for and how to address some of these issues. First: Is Relief Under § 363 Available? Chapter 15 proceedings fork into two paths: one for foreign main proceedings and the second for foreign non-main proceedings. [6] Under § 1520 of the Bankruptcy Code, foreign main proceedings automatically obtain rights under a number of other Bankruptcy Code sections immediately upon recognition. [7] Section 1520, however, only applies to foreign main proceedings; foreign non-main proceedings do not receive any sort of automatic applications. One of the sections automatically applied to foreign main proceedings is the right to sell property under § 363. [8] Therefore, if your proceeding is a foreign main proceeding, you are automatically entitled to utilize § 363 wherever and whenever appropriate. Although § 363 is not automatically applied to non-main proceedings, it is still available, but it requires additional steps. Specifically, once a foreign non-main proceeding is recognized, relief must be sought from the court to authorize the application of § 363 to the proceedings. This request for relief is presented to the court under § 1521. Once the court grants the requested relief, the § 363 sale process becomes available to the non-main proceeding. Section 1521 is a broad section of chapter 15 that allows the court, upon recognition of the proceedings, to provide additional relief to the foreign representative subject to limitations of the Bankruptcy Code and U.S. laws. [9] As such, the section can be used to utilize other provisions of the Bankruptcy Code that are not explicitly adopted or automatically applied in chapter 15, if that is necessary to assist the foreign representative. Second: Which Assets Can Be Sold, and Which Court Approves the Sale? Section 541 of the Bankruptcy Code is largely inapplicable in a chapter 15 proceeding. [10] An estate is never created in a typical chapter 15 proceeding. Section 363 contemplates the sale of property of the estate, so which assets are allowed to be sold under § 363 in chapter 15 proceedings? [11] Section 1520’s adoption of § 363 modifies the section so that it applies to transfers of any interest of the debtor in property that is within the territorial jurisdiction of the U.S. to the same extent that the section would apply to property of an estate. [12] Therefore, the assets that can be sold under chapter 15 appear to be broader than in other bankruptcy contexts because it is not limited to the estate. Could this mean that a foreign representative could sell property of the debtor in the U.S., even if the debtor would have claimed it exempt, if the case were a domestic case? To date, there do not appear to be any cases deciding this point. In Fairfield Sentry, [13] the Second Circuit analyzed what chapter 15 means by “transfer of an interest of the debtor in property that is within the territorial jurisdiction of the United States.” [14] Fairfield Sentry LLC was a BVI investment fund that filed customer claims in the SIPA liquidation of the Bernard L. Madoff Investment Securities LLC (BLMIS). Fairfield Sentry invested approximately 95 percent of its assets with BLMIS when Bernard Madoff’s Ponzi scheme became public. [15] As a consequence, Fairfield Sentry was placed into liquidation in the BVI in 2009, and in 2010 the U.S. Bankruptcy Court for the Southern District of New York recognized the foreign main proceeding. [16] Fairfield Sentry ultimately decided it would sell the SIPA claims and entered into an agreement with Appellee Farnum Place, LLC to sell the claims for 31.125 percent of their value. [17] However, days after the parties entered into the agreement, the trustee for the BLMIS liquidation announced that he had entered into a settlement agreement that would increase the value of Fairfield Sentry’s SIPA claims from 32 percent to 50 percent of the total amount claimed. [18] This substantial increase created tension between Fairfield Sentry’s liquidators and Farnum. The liquidators sought to cancel the sale, and Farnum sought to enforce it. The BVI court approved the sale over the liquidators’ objections, but instructed the liquidators to question the U.S. Bankruptcy Court as to whether § 363 applied and whether the section required disapproval of the sale. [19] Thereafter, the U.S. Bankruptcy Court rejected the liquidators’ application for disapproval of the proposed sale, and the district court affirmed. However, the Second Circuit reversed the decisions of the lower courts on appeal, finding that the “property” in this case was the SIPA claims and that the SIPA claims were located in New York, “where the property could be assigned or transferred,” [20] and therefore that § 363 applied. The Second Circuit made clear that a bankruptcy court’s “principal responsibility … is to secure for the benefit of creditors the best possible bid,” and the sale of the SIPA claims was ultimately disapproved. [21] Fairfield Sentry solidified that § 363 applies in chapter 15 whenever the asset to be sold is within the U.S. Moreover, Fairfield Sentry also set a line on the extent that comity will have in chapter 15 proceedings, and § 363 sales in particular. The Second Circuit rejected Farnum’s arguments that deference to the BVI decision was required, and the opinion makes clear that the court of the jurisdiction where the asset to be sold is located is the court with the ultimate approval of the sale. Third: How Do I Give Notice, and Where Are Objections Heard? One of the trickiest portions of utilizing § 363 in chapter 15 proceedings may be complying with the procedural requirements of the sale — specifically, notice to creditors and the hearing requirement. [22] Whereas a creditor matrix is easily accessible in domestic bankruptcy proceedings, it is not always the case in cross-border proceedings. Chapter 15 does not require any schedules, a creditor matrix or a claims register. A chapter 15 case requires nothing more than an application, statement identifying the foreign proceedings, and evidence of the existence of the foreign proceeding and appointment of the foreign representative. [23] In addition to the lack of traditionally relied-upon creditor information, some foreign jurisdictions make it difficult to locate the necessary creditor information. Also, the foreign representative might not always be the trustee of the foreign main proceedings, and therefore might not have direct access to the list of creditors. Every foreign jurisdiction is unique, and there are many factors that could lead to delays in utilizing § 363 in chapter 15 proceedings. You must prepare as best as possible to avoid any such delays. Complicating matters further, sometimes the notice requirements in the foreign main jurisdiction might not comply with the requirements of the U.S. How, then, does one go about notifying the creditors, and what is considered sufficient notice? In In re Banco Santos S.A., [24] a chapter 15 case filed in the Southern District of Florida, Hon. Laurel M. Isicoff addressed the issue of notice in the context of approving a settlement in a chapter 15 proceeding, which may be applied in the context of a § 363 sale. There were two separate instances where notice was required in Banco Santos. In the first instance, the foreign representative requested a bar order in favor of certain settling parties, and in the second instance, the foreign representative did not. [25] The court considered the nature and implications and the requests of the foreign representative for each instance. In the first instance (which requested a bar order), the court determined that directly mailing to each creditor in Brazil would be required, and in the second instance (which did not require a bar order), the court determined that notice via publication in the Brazilian Gazette, which is sufficient under Brazilian law, was sufficient despite the fact that notice by publication is generally insufficient in domestic proceedings. [26] Judge Isicoff highlights in Banco Santos that in a chapter 15, the court has the ability and duty to look at the requests made and the nature and implications of the requests before making a determination. Ultimately, the more burdensome the request, the more stringent the notice requirement should be. Similar to Fairfield Sentry, the property and assets to be sold in Banco Santos were located within the territory of the U.S. Therefore, to ensure compliance with the notice and hearing requirements of § 363, Judge Isicoff conditionally approved the pending sale and ordered any objections thereto be filed in the U.S. Judge Isicoff also ordered the foreign representative to request an order in the foreign main proceedings instructing any creditor with an objection to file them in the U.S. [27] This process created a simplified procedure to obtain approval of a sale while consolidating all objections into the appropriate jurisdiction. Fourth: Who Can Assist in the Sales Process? More often than not, professional persons need to be retained to assist in a sales process (an appraiser, auctioneer, realtor, etc.). The Bankruptcy Code lays out a clear process for how to go about hiring professional persons, and provides limitations on their compensation. [28] However, none of the relevant sections, including §§ 329 and 330, were adopted in chapter 15. What recourse does the foreign representative have in situations where they enter into a bad deal with a professional person? Is the court then authorized to disapprove any agreements or appointments? Ideally, § 1521 would allow the court to adopt any section of the Bankruptcy Code necessary, but what happens in a situation where the appointment of a professional person and their compensation is approved in the foreign main jurisdiction, but the appointment and compensation (while acceptable in the foreign main jurisdiction) would normally be considered unconscionable in the U.S.? It follows that the rationale in Fairfield Sentry will also apply here, but this is another situation that has not yet been challenged. There are many benefits to the adoption of the Model Law through chapter 15, and utilization of chapter 15 has been steadily increasing since the chapter was enacted. This article addresses some of the methods of dealing with the gaps and conflicts created by chapter 15 and the general requirements of the Bankruptcy Code in the context of § 363 sales, although the dueling nature of two insolvency proceedings arising in two separate jurisdictions necessitates that bankruptcy practitioners be twice as diligent in their cases. [1] Title 11 of the U.S. Code (the “Bankruptcy Code”). [2] 11 U.S.C. §§ 1501-1532. [3] 11 U.S.C. § 1501. [4] See generally 11 U.S.C. § 1501. Help Center [5] See www.uncitral.org/uncitral/en/uncitral_texts/insolvency/1997Model.html . [6] “Foreign main proceeding” means a foreign proceeding pending in the country where the debtor has the center of its main interests. 11 U.S.C. § 1502 (4). “Foreign non-main proceeding” means a foreign proceeding, other than a foreign main proceeding, pending in a country where the debtor has an establishment. 11 U.S.C. § 1502 (5). [7] See generally 11 U.S.C. § 1520. [8] 11 U.S.C. § 1520(a)(2)-(3). [9] See 11 U.S.C. § 1507(a); see also § 1521(a)-(b). [10] Section 541 is only discussed in chapter 15 in relation to concurrent proceedings and in authorizing a representative of a domestic bankruptcy to act abroad; see 11 U.S.C. §§ 1528 (commencement of a case after recognition of foreign main proceeding) and 1505 (authorization to act in foreign country). [11] 11 U.S.C. § 363(b)(1). (the “trustee, after notice and a hearing, may use, sell, or lease, other than in the ordinary course of business, property of the estate…” (emphasis added); see also infra footnote 14. [12] 11 U.S.C. § 1520(a)(2). [13] In re Fairfield Sentry Ltd., 768 F.3d 239 (2d Cir. 2014). [14] See Fairfield Sentry, 768 F.3d at 244; see also § 1520(a)(2). [15] Id. at 241. [ 16] Id. [17] Id. at 242. [18] Id. [19] Id. at 243. [20] Id. at 244. [21] Fairfield Sentry, 768 F.3d at 246-47, quoting In re Fin. News Network Inc., 980 F.2d 165, 169 (2d Cir. 1992). [22] 11 U.S.C. § 363(b)(1) (“The trustee, after notice and a hearing, may use, sell, or lease…”) (emphasis added). [23] 11 U.S.C. § 1515. [24] In re Banco Santos S.A., Case No. 10-47543-BKC-LMI. [25] Banco Santos, Case No. 10-47543-BKC-LMI [D.E. 170, 184, 185]. [26] Id. [27] Id. [D.E. 170, 185]. [28] 11 U.S.C. §§ 327, 328. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

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 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Hong Kong liquidators of Dingway Investment Limited obtain pre-recognition emergency discovery relief in Miami's Bankruptcy Court under Chapter 15 regarding a disputed Miami property. Dingway case in GRR Open In the News Open February 8, 2022 6 minutes read Sequor Law Hong Kong liquidators obtain pre-recognition discovery relief in Miami A Hong Kong headquartered, British Virgin Islands-incorporated company’s provisional liquidators have obtained emergency relief in the US to conduct discovery on a property it used to own in Miami, which they allege has been wrongfully transferred at least three times in the last three years. On 3 February, Chief Bankruptcy Judge Laurel M Isicoff in the US Bankruptcy Court for the Southern District of Florida, granted an emergency motion allowing the liquidators of Dingway Investment Limited, Teneo’s Russel Crumpler in the BVI and KPMG’s Fergal Power in Hong Kong, to conduct proposed discovery under federal and local bankruptcy rules in the US, before they are formally recognised under Chapter 15. The pair submitted a recognition petition before the Miami court on 27 January, just three days after a Hong Kong court opened a winding-up petition against Dingway at the request of its majority shareholder, Hong Kong-based China City Construction International (China City). China City itself has also been in a creditor’s voluntary liquidation in Hong Kong since January 2019, and is currently being managed by KPMG’s global head of restructuring services Patrick Cowley and partner Lui Yee Man as liquidators. Cowley, Lui and KPMG director Christopher Ball are also currently sitting as three of Dingway’s five directors. In a declaration supporting Dingway’s Chapter 15 application, Crumpler explains that Dingway was incorporated in 2014 to indirectly purchase a “substantial” vacant land site in Miami’s Brickell Financial District through three intermediate Delaware companies. At the time of the purchase, an entity called China City Construction & Development Co (CCCDHK) funded the US$86.7 million purchase price for the property, in return for an equivalent reduction to a US$204 million debt it owned to China City. The latter then passed the funds down the structure to the titleholder of the Miami property by way of a series of shareholder loans. In October 2015, an entity called Champ Prestige took a 45% interest in Dingway for just over US$40 million, leaving China City with the remaining 55%. Three years later, CCDHK brought an unsuccessful claim against China City in the Hong Kong High Court, arguing that China City had always held its shares in Dingway and the US$40 million that Champ Prestige had paid for its interest, on trust for CCCDHK. It sought an order for China City to transfer the legal ownership of its shares and the money to CCDHK, but the court declined to grant the relief and CCCDHK discontinued the proceedings in December 2019. Crumpler notes in his declaration that investigations by China City’s liquidators, Cowley and Lui, suggest CCCDHK and China City are ultimately controlled by the same people associated with a mainland Chinese company called China City Development Academy (CCDA). CCDA indirectly held an interest in China City until April 2016 and obtained an indirect interest in CCCDHK in July of the same year. Despite one ownership interest ceasing before the other commenced, the same people seemed to exert a measure of control over both entities at all material times, China City’s liquidators claimed. In particular, City City’s liquidators told Crumpler that an individual named Zeng Yuqi seemed to be a common director of China City and CCCDHK between February and September 2018, while another director of CCCDHK, Sze Wai Suen, was an authorised signatory for certain China City accounts as late as September 2016, among other things. Crumpler claims that Zeng, acting as a “rogue director” and without authorisation from Dingway’s board or shareholders, signed an agreement in October 2019 to transfer its interests in the Delaware ownership structure and the Miami property to CCCDHK, for no consideration. He says Sze signed the agreement on CCCDHK’s behalf. The provisional liquidator claims CCCDHK then sold the Delaware structure and Miami property to a Californian entity in November 2019 for US$70 million, with Sze as signatory again. Crumpler says Champ Prestige, as Dingway’s minority shareholder, was initially prepared to cooperate with China City’s liquidators to try to retrieve its interest in the Miami property. But in March 2020, Cowley and Lui learned that Champ Prestige itself had been sold to CCCDHK for US$44 million. Finally, on 30 December last year, Crumpler notes Cowley and Lui found out through an online news article that the Miami property had been sold again – this time for US$103 million to an entity belonging to Miami real estate investment firm Mast Capital and Boston private equity group Rockpoint. The news article in the South Florida Business Journal reported that the property had been “seized” following “a legal battle with the previous owner”. Submitted at the same time as their Chapter 15 application, Crumpler and Power asked the Miami district court for emergency provisional relief so they could investigate the latest transaction with Mast Capital and Rockpoint. Specifically, they asked permission to issue and serve pre-recognition subpoenas for the production of documents on the two new acquirors and three Delaware entities they used to effectuate the sales, as well as two other Mast Capital companies that may have been involved in the sale. Crumpler and Power argued that the proposed discovery was limited and targeted to obtaining information regarding the location of the closing proceeds for the sale. They said they needed relief on an emergency basis to preserve the status quo of Dingway’s estate and prevent “further dissipation” of the Miami property’s proceeds of sale. Granting the provisional relief, Judge Isicoff noted it was “narrowly tailored in scope and duration” and reflected that there were no parties in opposition. The judge also said the “threatened injury” to Dingway’s estate outweighed “whatever damage the requested relief may cause an opposing party”. Champ Prestige proceedings Crumpler explains in his declaration that Champ Prestige originally brought an action in a Miami-Dade County court against China City and the Delaware entity that was the Miami property’s direct owner in June 2019, claiming the majority shareholder had breached its obligations under the sale and purchase agreement through which Champ Prestige had acquired its 45% interest in Dingway. Among other things, Champ Prestige sought to impose and foreclose on an equitable lien on the property, and in December 2019 it secured a temporary injunction from the Miami-Dade court enjoining the land’s disposition. The injunction was expanded in February 2020 to also prevent any indirect dispositions or the sale of any interests in the three Delaware holding companies. But after CCCDHK acquired Champ Prestige it voluntarily dismissed the Miami-Dade action and removed the lis pendens over the property. Crumpler has also recorded that Champ Prestige filed a winding-up petition against Dingway and China City in Hong Kong back in February 2018, but no steps had been taken in the petition since March 2020, when Mr Justice Harris dismissed an application from China City to strike it out on jurisdictional grounds. Crumpler explains in his declaration that Cowley and Lui, as China City’s liquidators, had wanted to try to recover its interest in Dingway and its ultimate 55% interest in the Miami property, but had been unable to take action due to lack of funding, and because of CCCDHK’s action in Hong Kong and the Miami-Dade proceedings. When the Hong Kong court placed Dingway in liquidation, it issued a proprietary injunction against CCCDHK in respect of the US$70 million for the November 2019 sale of the property. It also issued a mareva injunction restraining CCCDHK, Zeng and Sze from dealing with assets of up to US$103 million. The court was due to hold an inter partes hearing in Hong Kong to address Crumpler and Power’s continuing appointment as joint provisional liquidators and the injunctions on 4 February. GRR was unable to ascertain the outcome of that hearing by press time. After they have obtained evidence in aid of their asset recovery efforts, Crumpler and Power intend to file actions and proprietary claims in the US, including claims against third parties in the US that may have damaged Dingway or owe it money. The provisional liquidators have retained Sequor Law partners Fernando Menendez and Gregory Grossman as US counsel. The Chapter 15 bankruptcy court has scheduled a full recognition hearing on 23 February. In the US Bankruptcy Court for the Southern District of Florida Chief Bankruptcy Judge Laurel M Isicoff Counsel to joint provisional liquidators of Dingway Investment Limited Sequor Law Partners Fernando Menendez and Gregory Grossman in Miami In the Hong Kong Court of First Instance In the matter of Dingway Investment Limited Mr Justice Peter Ng Joint provisional liquidators of Dingway Teneo Senior managing director Russel Crumpler in the British Virgin Islands KPMG Partner Fergal Power in Hong Kong Counsel to petitioner China City (in creditors’ voluntary liquidation) and then to joint provisional liquidators Tanner De Witt Senior associate Veronica Chan in Hong Kong Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Tracing concealed and undervalued assets in high-net-worth matrimonial and commercial disputes. Forensic accounting, global investigators, and litigation funding support. High-Net-Worth Disputes The Sequor Law team is equipped with sophisticated investigative tools and access to a global network of investigators, accountants, and international lawyers experienced in identifying assets that were not disclosed or were grossly undervalued in matrimonial, inheritance, and other family matters. Sequor Law not only finds these assets, but works to recover concealed personal wealth for its clients. Recovering What Was Hidden: Complex Asset Tracing in High-Net-Worth Disputes High-net-worth individuals often hide assets from their spouses, particularly when anticipating divorce. Similarly, family members in control of inherited property may seek to hide it from rightful heirs. These assets are frequently placed in complex corporate structures, offshore holdings, trusts, and similar vehicles designed to keep them out of reach. Where an aggrieved spouse or heir has been left with litigation fatigue and limited resources to fund recovery efforts, Sequor Law works closely with litigation funders experienced in identifying and financing matters with strong recovery potential. Experienced family law attorneys understand that asset disclosure fraud is common in high-net-worth divorce matters. That is why Board-Certified Marital and Family Law attorneys, members of the International Academy of Family Lawyers, and members of the American College of Trial Lawyers frequently co-counsel with and refer asset investigation and recovery matters to Sequor Law. Open Edward H. Davis, Jr. Founding Shareholder edavis@sequorlaw.com (+1) 305-372-8282, Ext. 228 Open Leyza B. Florin Shareholder lflorin@sequorlaw.com (+1) 305-372-8282, Ext. 300 Open Christopher A. Noel Partner cnoel@sequorlaw.com (+1) 305-372-8282, Ext. 264 Open Open Key contacts Key Contacts

International asset recovery law firm Sequor Law strengthens its practice with new attorneys. Red more about their expanded expertise in asset recovery. Sequor Law Expands Asset Recovery Practice With the Addition of Attorneys Michael Hanlon and Noah Rosenblum Open Firm News Open January 12, 2026 2 minutes read Sequor Law Miami – January 13, 2026 – Sequor Law is pleased to announce that Michael Hanlon and Noah Rosenblum have joined the firm as attorneys further strengthening the firm’s asset recovery, cross-border insolvency, and financial fraud practices. Michael Hanlon focuses on asset recovery, cross-border insolvency, and financial fraud litigation. He has worked on complex Chapter 15 bankruptcy matters involving the recovery of hundreds of millions of dollars hidden through layered international structures. He earned his Juris Doctor, cum laude, from the University of Miami School of Law, where he served as a Dean’s Fellow for a First Year Contracts Course and was active in several organizations such as, the Brazilian Law Student Association and the Fashion Law Society. He is fluent in English, Spanish, and Portuguese. Noah Rosenblum concentrates his practice on international commercial litigation, asset recovery, and financial fraud. While in law school, he served as a judicial intern for Judge Miller of the Florida Third District Court of Appeal and as a student clinician in the University of Miami Bankruptcy Clinic. He earned his Juris Doctor, cum laude, from the University of Miami School of Law, where he received the Patricia Redmond Scholarship and co-authored a published article in the International Law Quarterly addressing Section 1782 judicial assistance in international arbitration. Both attorneys were recently sworn into The Florida Bar in a ceremony officiated by the Honorable Corali Lopez-Castro, United States Bankruptcy Judge. “Michael and Noah bring exceptional academic credentials, international perspective, and strong litigation instincts,” said Edward H. Davis, Jr., Founding Shareholder of Sequor Law. “They strengthen our ability to pursue complex, cross-border recoveries and deliver results in high-stakes matters.” Sequor Law continues to expand its global presence and develop the next generation of leaders in asset recovery, cross-border insolvency, and international litigation and arbitration. For more information, visit: www.sequorlaw.com *** Headquartered in Miami and with an office in Washington, D.C., Sequor Law is an international law firm focusing on representing victims of financial fraud, including sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners, and all manner of clients in the areas of asset recovery, financial fraud, cross-border insolvency, and international litigation and arbitration. www.sequorlaw.com . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open 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.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.