Bankruptcy Around the World: The Insolvency Laws of Canada, China, Mexico, and the United Kingdom Compared to the United States Bankruptcy Code

With more than 35 years of experience in the bankruptcy and insolvency field, Bruce Nathan is a recognized leader nationwide in trade creditor rights and representation of trade creditors in bankruptcy and other legal matters. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors, and other interested parties in many of the larger Chapter 11 cases that have been filed. Bruce also handles letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements and legal credit issues for the credit departments of institutional clients.

Among his various legal recognitions, Bruce received the Top Hat Award in 2011, a prestigious annual award honoring extraordinary executives and professionals in the credit industry. He was co-chair of the Avoiding Powers Committee, which worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at its 2010 Annual Spring Meeting—arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors—and was a panelist for a session sponsored by ABI. He is a frequent presenter at industry conferences throughout the country, as well as a prolific author regarding bankruptcy and creditors' rights topics in various legal and trade publications. Bruce is a co-author of Trade Creditor Remedies Manual: Trade Creditors' Rights under the UCC and the U.S Bankruptcy Code, published by ABI at the end of 2011. He also has contributed to ABI Journal and is a former member of ABI's Board of Directors and former co-chair of ABI's Unsecured Trade Creditors Committee.

Stuart Brotman is Leader of the firm's Insolvency and Restructuring Group. Acting in all nature of insolvency proceedings, Stuart assists clients in bankruptcy, receivership and restructuring under the Companies' Creditors Arrangement Act (CCCA), the Bankruptcy and Insolvency Act, the Canada Business Corporations Act and the Winding-up and Restructuring Act.

Stuart has considerable cross-border experience, having advised clients under the CCAA and Chapter 15 of the United States Bankruptcy Code. Advising both private and public companies, these clients include a broad range of stakeholders, including debtors, creditors, suppliers, customers and other contracting parties and monitors, receivers and trustees in bankruptcy. He also frequently represents prospective purchasers in pursuing and completing asset sales in domestic and cross-border insolvency proceedings.

Stuart is regularly involved in lending transactions, advising primarily on recovery and intercreditor issues. He has particular experience with the interaction between traditional bank financing and alternative financing in the mining sector (eg., streaming and royalties). Stuart also maintains an active commercial litigation practice.

An active speaker, Stuart regularly writes and presents on topics related to insolvency and creditors’ rights. Stuart is a member of the prestigious Insolvency Institute of Canada. He is recognized by Chambers Canada, the Canadian Legal Lexpert Directory, among other publications.

Since joining JunHe, Mr. Du has successfully represented numerous multinational companies, many of which are Fortune 500 companies, in their China investments and operations in a variety of industries and services ranging from pharmaceuticals and biotech companies, auto parts, precision metal, new energy, data analytics, architectural design, entertainment, and cosmetics distribution. With assistance from his colleagues in JunHe’s China offices, Mr. Du has represented both US and Chinese clients in some highly difficult negotiations of M&A transactions as well as formations and separations of Sino-foreign joint ventures.

His successful representation of clients doing business in China has earned him special recognition, including Top Lawyer (M&A, China) nomination by AsiaLaw in 2011, and Leading Lawyer (Private Equity) nomination by IFLR 1000 in 2012, 2013 and 2014, and Leading Lawyer in Corporate/M&A by China Law and Practice in 2015. He is also a frequent speaker at such venues as PLI and ABA on legal issues relating to doing business in China.

In recent years, Mr. Du has also represented some blue chip Chinese companies in their expansion into the US market and has often acted as their outside general counsel on a variety of assignments, ranging from initial corporate setup to M&A and private investment. Along with other US bankruptcy lawyers, he has co-represented Chinese investors participating in US bankruptcy proceedings including 363 sales.

Ricardo is part of the firm's transactional and financial group with more than 15 years of experience in the practice areas of banking and finance, infrastructure project financing, mergers and acquisitions, and restructuring and bankruptcy. He joined the firm in 2007 and was promoted to partner in 2020.

He has advised domestic, international and multilateral commercial and development banks, as well as other financial institutions, companies and project developers on a wide range of financing transactions, including social infrastructure, energy and transportation projects, as well as corporate, aircraft, vessel and other asset financing transactions. Ricardo's advice typically includes not only the structuring and implementation of financings but also refinancing and restructuring aspects of the same in coordination with the firm's dispute resolution team.

Ricardo also has extensive experience in mergers and acquisitions and corporate matters in general, and has advised various national and international clients in investing and establishing a presence in Mexico, as well as in the acquisition of businesses and in strategic partnerships with other companies to develop projects in the aeronautical, manufacturing, energy and infrastructure sectors, among others.

Gawain jointly leads our Restructuring & Insolvency Group with Duncan Lole. Gawain’s work is focused on insolvency and restructuring advice, in particular advice to directors of distressed companies, distressed M&A, complex cross-border insolvencies, the use of CVAs and schemes of arrangement as restructuring tools and insolvencies with a contentious element, including fraud.