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Chapter 15 International Insolvency

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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. The case law and other materials discussed in this second edition are current as of December 31, 2013.

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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.

Superseded by Managing the Chapter 15 Cross-Border Insolvency Case: A Pocket Guide for Judges, Second Edition (2014).

In Print: Available for Distribution

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Superseded by Managing the Chapter 15 Cross-Border Insolvency Case: A Pocket Guide for Judges (2011).

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