Antonio Caballero: Conflicting U.S. Anti-Terrorism Law and U.S. International Bankruptcy Law

Authors

Jordan M. Zornes, University of Miami School of Law

Abstract

Antonio Caballero sought retribution for his father’s kidnap and murder in the way Congress has made it possible: the American Court System. Caballero obtained a default monetary judgment against Colombian guerrilla forces, but as expected in collecting against a terrorist organization, it was an uphill battle. When finding attachable assets, Caballero must act fast, but in the present case, an international bankruptcy proceeding sought to thwart his legitimate efforts to satisfy his judgment. The question is: should Caballero win in “race to the courthouse” fashion, or does the international bankruptcy stay lead to an orderly distribution of assets? This note breaks down the merits of each argument, and ultimately offers likely solutions.

Recommended Citation

Jordan M. Zornes, Antonio Caballero: Conflicting U.S. Anti-Terrorism Law and U.S. International Bankruptcy Law, 29 U. MIA Int’l & Comp. L. Rev. 328 (2021)
Available at: https://repository.law.miami.edu/umiclr/vol29/iss1/9