摘要：The U.S. capital markets are a rich resource not only for U.S. based enterprises,
but also for non-U.S. enterprises whose principal assets and operations are located
outside of the United States. The decision to raise capital from U.S. investors is a
relatively simple one. However, when circumstances later require a non-U.S. entity
("foreign debtor") to restructure its financial obligations to U.S. investors, the
decisions become more difficult. Protecting a foreign debtor's assets outside of the
United States, while at the same time restructuring its liabilities in a manner that
will bind its U.S. investors, presents complex cross-border insolvency issues that
too often result in multi-jurisdictional, lengthy, risky and expensive bankruptcy and
litigation proceedings.
