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International and Cross-Border Insolvency

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With lawyers around the world, in the U.S., Canada, Mexico, Europe, Asia, and the Middle East, Miller Canfield has extensive experience acting for clients in complex international insolvencies and restructuring matters. Our lawyers regularly advise both clients located in other countries who are trying to navigate U.S. insolvency proceedings and U.S. clients who are dealing with insolvency and bankruptcy issues in foreign jurisdictions. We are especially known for our expertise in cross-border cases involving suppliers in the automotive parts industry.

We have extensive experience with matters involving cross-border matters with Canadian companies. According to the U.S. State Department, nearly $2 billion in goods and services transit the U.S.-Canada border each day, making Canada one of the U.S.' most significant trading partners. A cross-border commercial relationship this size is bound to have its conflicts, and some of these conflicts will involve an entity under the insolvency regimes of the U.S., Canada or both.

With our headquarters situated on the U.S.-Canada border at Detroit and Windsor, Ontario, we have considerable experience in cross-border insolvencies. We advise clients in matters on both sides of the border, including in chapter 15 cases. We represent both creditors and debtors in proceedings under the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act, and in receiverships.

We have advised Canadian receivers in chapter 15 cases, U.S. clients dealing with Canadian insolvencies, and Canadian clients dealing with U.S. insolvencies. Not all matters result in a filing, and our firm has advised clients in many more out-of-court workouts that have a foot on each side of the border.

  • Miller Canfield represented one of the Detroit Three automotive manufacturers in CCAA and chapter 11 cases of a steel manufacturer with facilities in both Michigan and Ontario.
  • Miller Canfield represented an automobile manufacturer in the U.S. in an automotive parts manufacturer's insolvency proceeding in Quebec with operations in Canada and the U.S.
  • Miller Canfield represented one of the Detroit Three automobile manufacturers in a number of insolvency proceedings in Ontario of automotive parts manufacturers with operations in Canada and the U.S.
  • Miller Canfield assisted in winding up an insolvent automotive parts manufacturer in the U.S. with its German parent in its own insolvency proceeding in Germany.
  • Miller Canfield represented a receiver in a Canadian receivership under the BIA in a chapter 15 filing in Ohio and friendly foreclosure and sale.
  • Miller Canfield represented the Chinese parent of a U.S. distributor engaged in litigation in the U.S., the subsequent receivership of the U.S. distributor and settlement of the litigation.
  • Miller Canfield represented the U.S. subsidiary of a worldwide automotive parts manufacturer headquartered in China in commercial contract negotiations with a German automobile manufacturer.