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Client Alert September 12, 2024

Non-U.S. Creditors Can Crack Delaware’s Notoriously Tough Trusts

  • Delaware’s strong asset protection laws have long made the U.S. state a destination of choice for individuals and entities worldwide looking to set up a trust.
  • International creditors looking to recover assets may feel that pursuing a debtor in Delaware is insurmountable.
  • However, it is indeed possible to crack Delaware’s notoriously tough trusts by adopting an aggressive multijurisdictional strategy.

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Client Alert February 1, 2024

Cracking Delaware’s Notoriously Tough Trusts

  • Several features make Delaware’s trust law attractive for debtors to hold assets in the jurisdiction.
  • This also means creditors often struggle when attempting to access the trusts to recover assets.
  • By deploying aggressive, multijurisdictional strategies, creditors may be able to crack even Delaware’s notoriously tough trusts.

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Client Alert October 26, 2023

International Creditors Can Crack Delaware's Notoriously Tough Trusts

  • Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
  • This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
  • By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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Client Alert September 7, 2023

Defensive and Counteroffensive Strategies in Delaware for Business Disputes that Turn Personal

  • Cross-border disputes involving ultra-high-net-worth individuals (UHNWIs) can often turn personal.
  • Commercial counterparties may try to make the UHNWI individually liable, putting their personal assets at risk.
  • However, if there is a connection to Delaware, UHNWIs can leverage the favorable tools available in the jurisdiction to resolve disputes in their favor.

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Client Alert March 10, 2023

How International Creditors Can Crack Delaware's Notoriously Tough Trusts

  • Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
  • This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
  • By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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Client Alert November 23, 2022

Bankruptcy is Not the Only Way: Alternative Insolvency Techniques in Delaware

  • As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
  • But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
  • Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.

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Client Alert May 26, 2021

Dissolving a Delaware-Registered Joint Venture: A Key Pressure Tactic in Joint Venture Disputes

  • For parties embroiled in contentious joint-venture disputes, it is advantageous but challenging to find new ways to exert pressure on a counterparty.
  • If the counterparty is registered in Delaware, however, a pursuing a dissolution proceeding there can prove to be a decisive way to gain leverage.
  • As our Claim Monetization & Dilution team explains, this tactic saved a client in a recent case valuable time and money in reaching a favorable settlement.

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