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March 31, 2023

Challenges on Cross-border bankruptcy

Cross-border bankruptcy cases in Colombia can present several challenges for both the debtor and creditors involved. Here are some of the challenges that may arise:

  1. Legal and regulatory differences: One of the significant challenges in cross-border bankruptcy cases in Colombia is the legal and regulatory differences that may exist between the debtor’s home country and Colombia. The differences in legal systems, bankruptcy laws, and regulations can make it difficult to determine which jurisdiction will oversee the bankruptcy proceedings.
  2. Communication and language barriers: Language barriers and communication difficulties can pose a significant challenge in cross-border bankruptcy cases. Communication breakdowns can cause misunderstandings and delays in the bankruptcy process, making it difficult to reach a resolution.
  3. Cultural differences: Cultural differences can also play a role in cross-border bankruptcy cases in Colombia. Understanding the cultural norms and practices of the country can help facilitate smoother communication and negotiation.
  4. Recognition of foreign judgments: In cross-border bankruptcy cases, it is crucial to determine whether foreign judgments are recognized in Colombia. If not, parties may need to engage in additional legal proceedings to have the judgment enforced.
  5. Complex debt structures: Cross-border bankruptcy cases in Colombia can involve complex debt structures, such as cross-collateralization and cross-guarantees. These structures can make it challenging to determine how assets will be distributed in bankruptcy proceedings.
  6. Coordination among stakeholders: In cross-border bankruptcy cases, coordination among stakeholders is critical. This includes coordination between the debtor, creditors, lawyers, and other professionals involved in the case. Coordination is essential to ensure that the proceedings move forward smoothly and that everyone’s interests are protected.

Overall, cross-border bankruptcy cases in Colombia can be complex and challenging. It is essential to have a thorough understanding of the legal and regulatory framework, as well as the cultural and communication dynamics involved, to navigate these cases successfully.

Author: Andres Menendez LL.M

Abogado – Derecho Financiero- (Colombia) Profesional en cumplimiento normativo y manejo de riesgos legales para entidades financieras. Graduado con Maestría en derecho financiero de La Universidad Canadiense de York University. Especialista en prevención e investigación de lavado dinero.