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International Insolvency [Superseded]

Louise Decarl Adler, Marcia S. Krieger, Samuel L. Bufford, Sidney B. Brooks
January 1, 2001

This monograph describes the law governing insolvency cases with transnational dimensions. It was written by four bankruptcy judges: Samuel Bufford, Louise DeCarl Adler, Sidney Brooks, and Marcia Krieger, who are all members of the International Law Relations Committee of the National Conference of Bankruptcy Judges.

The monograph summarizes the statutory and case-law authority on international insolvency and covers all aspects of the insolvency process, including distribution of assets, notice, ancillary proceedings, and venue. It explains the theories of universality and territoriality, principles of comity, and conflict of laws, and discusses international conventions, including the North American Free Trade Agreement, the Cross-Border Insolvency Concordat, the UNCITRAL Model Law on Cross-Border Insolvency; and the European Union Regulation on Insolvency Proceedings.

Superseded by Managing the Chapter 15 Cross-Border Insolvency Case: A Pocket Guide for Judges (2011).