Download or read book Managing the Chapter 15 Cross border Insolvency Case written by Louise DeCarl Adler and published by . This book was released on 2014 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of [this] guide is to give judges unfamiliar with chapter 15 cases a quick understanding of the case-management issues that may arise and possible solutions. It is not meant to substitute for carefully parsing the statute itself and the treatises that have been written to further explain the nuances of the statute and developing case law. The appendix to this guide contains a non-exhaustive list of resources where additional information and guidance may be found."--Conclusion, pages 41-42.
Download or read book Managing the Chapter 15 Cross border Insolvency Case written by Louise DeCarl Adler and published by . This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mangind the Chapter 15 Cross border Insolvency Case written by Louise DeCarl Adler and published by . This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing globalization and cross-border interdependence of business enterprises increase the likelihood that bankruptcy judges will see the occasional chapter 15 case filed in their jurisdiction. In this concise guide, Judge Louise DeCarl Adler (Bankr. S.D. Cal.) gives judges who may be unfamiliar with chapter 15 cases a quick understanding of the case-management issues that may arise and offers possible solutions. She includes a selected list of further resources where additional information and guidance can be found.
Download or read book Ancillary and Other Cross border Insolvency Cases Under Chapter 15 of the Bankruptcy Code written by Leif M. Clark and published by LexisNexis/Matthew Bender. This book was released on 2008-01-01 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ancillary and Other Cross Border Insolvency Cases Under Chapter 15 of the Bankruptcy Code written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chapter 15 Bankruptcy Strategies written by Aaron L Hammer and published by Aspatore Books. This book was released on 2012 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 15 Bankruptcy Strategies provides an authoritative, insiders perspective on understanding the scope and overall goal of Chapter 15. Featuring partners from law firms across the nation and a judge from the western district of Texas, these experts guide the reader through the process of determining when it is appropriate to file a Chapter 15 case and measures for preparing the required documentation in cross-border insolvency proceedings. These professionals offer advice on identifying the clients objectives, achieving recognition, and expediting the filing process. Additionally, these experts discuss key differences between foreign main proceedings and foreign non-main proceedings, and address the unique challenges involved with Chapter 15 matters. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced bankruptcy authorities offer up their thoughts on the keys to success within this ever-changing field.
Download or read book United States International Insolvency Law 2008 2009 written by The Honorable Samuel L Bufford, and published by OUP USA. This book was released on 2009-03-26 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. International Insolvency Law is designed as the definitive interpretive work on Chapter 15 to the United States Bankruptcy Code, which took effect in October 2005. This code was introduced to coordinate international insolvency cases involving both the United States and one or more foreign countries. With the extensive growth of the international economy, international insolvency cases for international enterprises in financial difficulty are certain to increase. These cases will involve complex legal problems arising from assets located abroad in U.S. cases, foreign creditors in U.S. cases, and parallel cases in various countries for the same business entities. This publication provides valuable guidance to a wide audience of professionals involved in international insolvency cases with U.S. connections, including lawyers, judges, accountants, turnaround specialists and other insolvency professionals. It is also useful as a text for international insolvency courses and to provide guidance to foreign judges, lawyers and other insolvency professionals. The book analyzes the function of each provision of Article 15, and explains its role in an international insolvency case involving related cases in the United States and abroad. The author also explores the general legal framework for commercial disputes such as customary law, applicable treaties and the European Union Regulation on Insolvency Proceedings. These subjects include the extraterritorial application of national insolvency laws (and the application of the principles of universalism and territorialism), comity to foreign courts and foreign judicial decisions, reciprocity, jurisdiction and choice of law, and the allocation of assets to creditors in the affected countries. This annual publication also addresses practical problems that arise in international insolvency cases, such as the negotiation and drafting of protocols for particular cases. It gives recommendations and suggestions on procedures to implement Chapter 15's requirement that courts and professionals from the relevant countries communicate with each other "to the maximum extent possible." Appendices include Chapter 15, the Cross-Border Insolvency Concordat, Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases, the European Union Insolvency Regulation, and samples of protocols adopted in specific international cases. U.S. International Insolvency Law will be produced yearly, and is available for standing order.
Download or read book The Problem of Local Methods in Cross Border Insolvencies written by Andrew Dawson and published by . This book was released on 2016 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major and frequent criticism of the current cross-border insolvency framework is that international cooperation is likely to break down whenever significant local interests are at risk. The Model Law on Cross-Border Insolvencies, adopted in Chapter 15 of the Bankruptcy Code, and the commentary thereon have largely focused on such instances when states might be unwilling to cede control over local property, i.e., sovereignty-related problems. This article is the first to explore a separate set of problems in cross-border insolvencies that have little or nothing to do with sovereignty-related concerns. Cross-border insolvency law also faces acculturation problems as states attempt to synthesize the Model Law into already existing legal structures. Cultural differences between the Model Law and domestic laws may impede the Model Law's goals of promoting legal certainty in this field. These cultural differences may include terminology and interpretation issues, as well as case management and procedural issues.This article examines two recent opinions from the Second Circuit Court of Appeals to illustrate these acculturation problems. It then considers the degree to which the Model Law (and Chapter 15) are currently equipped to minimize such defections. UNCITRAL, when drafting the Model Law, created a Guide to Enactment and Interpretation in order to promote consistent interpretation. I conclude that this Guide may be effective at dealing with some issues, but that it is ill-suited to address differences in the manner of interpretation.
Download or read book UNCITRAL Model Law on Cross border Insolvency with Guide to Enactment and Interpretation written by and published by . This book was released on 2014-10-22 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
Download or read book Advanced Introduction to Cross Border Insolvency Law written by Reinhard Bork and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Advanced Introduction to Cross-Border Insolvency Law provides a clear and concise overview of cross-border insolvency law with particular focus on the rules that govern insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.
Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Download or read book Going for Broke written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2019-12-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.
Download or read book Principles of Cross border Insolvency Law written by Reinhard Bork and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.
Download or read book Cross Border Insolvency Law written by Bob Wessels and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.
Download or read book Collier International Business Insolvency Guide written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Download or read book Courting Failure written by Lynn LoPucki and published by University of Michigan Press. This book was released on 2006-02-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
