Bankruptcy & Restructuring News & Analysis

Embeded below is the appellant/petitioner's brief (and appendix) in an appeal pending before the Second Circuit Court of Appeals relating to the Chapter 15 bankruptcy proceeding of Ocean Rig UDW Inc. The appeal relates to an April 2018 order of U.S. District Court Judge John Koeltl holding, among other things, that a purported shareholder lacked standing to challenge a. U.S. Bankruptcy Court's recognition of Cayman Islands Provisional Liquidation Proceedings as a foreign main proceeding under Chapter 15 of the Bankruptcy Code because the company was insolvent at the time. This insolvency caused the shareholder to not be an "aggrieved person" even though...