Claim Monetization & Dilution

• Increasing regulatory scrutiny of professional advisers, such as auditors, accountants and other financial advisors, is creating new opportunities to pursue professional negligence claims as part of a broader recovery strategy.
• Investors, creditors, and liquidators should consider key issues, including regulatory findings, evidence preservation, cross-border discovery, limitation periods, and damages, to maximize the viability and value of potential claims.

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• A Massachusetts bankruptcy court denied Chapter 15 recognition of Russian insolvency proceedings against a U.S.-based individual represented by Kobre & Kim, underscoring that recognition is not automatic and depends on strict satisfaction of statutory requirements.
• The decision highlights the limits of Chapter 15 relief, particularly where an individual has established ties to the U.S., offering practical guidance for both those resisting and pursuing cross-border insolvency recognition.

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• A recent Bombay High Court decision freezing US $188M of Rolta India’s Chairman in support of a New York contempt judgment underscores how courts may act quickly to preserve assets in cross-border enforcement matters, particularly where there are allegations of deliberate obstruction.
• Hong Kong-based Pinpoint Multi Strategy Master Fund was represented by Kobre & Kim as global counsel.

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• Amid the rapid growth of private credit and rising default concerns, recent distress events have exposed structural vulnerabilities and underscored the need for strong diligence, ongoing monitoring, and early enforcement planning.
• As transactions become more complex and cross-border, lenders face increasing exposure to litigation, regulatory scrutiny, and multi-front disputes when deals unravel.

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• Agencies pursuing criminal enforcement often move quickly to seize assets, complicating civil asset recovery for creditors by creating uncertainty around control, timing, and recoveries.
• These challenges are amplified in cross-border matters, where overlapping regimes and parallel proceedings can fragment recovery efforts and increase risk.
• Effective strategies require early jurisdiction assessment, careful analysis to preserve assets outside forfeiture scope, and coordination with authorities.

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• Oil market volatility and geopolitical instability are increasing the enforcement challenges for distressed counterparties, sanctions exposure, and contested assets cross-border disputes.   
• An enforcement-focused approach that prioritizes early asset identification, strategic jurisdictional choices, and alignment with recovery objectives is critical to preserving value and maintaining leverage in this environment.

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• Delaware Domestic Asset Protection Trusts (DAPTs) offer strong statutory protection when properly structured.
• However, non-U.S. creditors may still pursue recovery through multijurisdictional strategies, including challenges to the validity of the trust, reliance on creditor-friendly jurisdictions, and fraudulent-transfer claims.

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