Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events

Chapter 15 court puts comity ahead of contract clauses

By Richard Woolley

10 January 2018

Chapter 15 court puts comity ahead of contract clauses iStock/Sportstock

The Delaware Bankruptcy Court has ruled that a former supplier to the insolvent Italian fossil fuel company Energy Coal can pursue claims against the bankrupt company in Florida under the terms of its cancelled contracts – but it must seek recovery of any judgments in the Italian courts.