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Global Principles for Cooperation in International Insolvency Cases Case Citations [1] (Spring 2025)

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                           THE AMER ICAN


                          LAW INSTITUTE



                                 Spring 2025 Citations



            PRINCIPLES OF TRANSNATIONAL

     INSOLVENCY (GLOBAL PRINCIPLES FOR

          COOPERATION IN INTERNATIONAL

                       INSOLVENCY CASES)



                    SECTION   I. INTRODUCTION   AND  OVERVIEW

Introduction

C.A.3, 2024. Intro. ftn. 2 quot. in ftn. Lender sued Singaporean borrower, seeking damages on two
defaulted loans. The district court granted borrower's motion to dismiss on international comity grounds
in deference to borrower's pending bankruptcy proceedings in Singapore. This court clarified the
standard for courts to use in deciding whether to abstain from adjudicating a domestic case in deference
to a foreign bankruptcy proceeding and vacated and remanded for the district court to apply that
standard. The court cited Principles of Transnational Insolvency: Global Principles for Cooperation in
International Insolvency Cases § 1 in noting that foreign bankruptcy cases were particularly deserving of
adjudicatory comity, and that it used the term bankruptcy to encompass the full array of insolvency
proceedings, including, but not limited to, reorganization and liquidation where either business or
consumers were involved. Vertiv, Inc. v. Wayne Burt PTE, Ltd., 92 F.4th 169, 177.



     SECTION   II. GLOBAL PRINCIPLES   FOR  COOPERATION IN INTERNATIONAL
                                INSOLVENCY CASES

Introduction

C.A.3, 2024. Intro. quot. in sup. Lender sued Singaporean borrower, seeking damages on two defaulted
loans. The district court granted borrower's motion to dismiss on international comity grounds in
deference to borrower's pending bankruptcy proceedings in Singapore. This court clarified the standard

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