International Bankruptcy: Secondary sources

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Devoted to comparative and transnational legal studies including comparative law, transnational legal history and theory, private international law, conflict of laws, and the study of international legal systems …

It promotes the exchange of ideas about and deeper understanding of bankruptcy issues, particularly among its core audience that includes judges, bankruptcy professionals, academics, legislators and other policymakers.

Together with its affiliated Foundation, the College is the largest financial supporter of bankruptcy and insolvency-related pro bono legal service programs in the United States. Among its many activities, the College conducts advanced educational programs; sponsors the publication of scholarly reports; and maintains the National Bankruptcy Archives at the University of Pennsylvania.

Chapter 15 for Foreign Debtors covers all aspects of the UNCITRAL Model Law on Cross-Border Insolvency as well as chapter 15 of the Bankruptcy Code, and provides details about the Foreign Representative, avoidance actions, creditor protections, concurrent proceedings, comity and much more. The book also features an extensive appendix on a companion USB drive filled with more than 500 pages of sample case documents and forms related to chapter 15 proceedings.

U.S. International Insolvency Law authored by Honorable Samuel L. Bufford 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.

The Practice Guide on Cross-Border Insolvency Cooperation provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. It illustrates how the resolution of issues and conflicts that might arise in those cases could be facilitated by cross-border cooperation, in particular through the use of cross-border insolvency agreements, tailored to meet the specific needs of each case and the requirements of applicable law.

The Model Law is designed to assist States to equip their insolvency laws with a modern legal framework to more effectively address cross-border insolvency proceedings concerning debtors experiencing severe financial distress or insolvency. It focuses on authorizing and encouraging cooperation and coordination between jurisdictions, rather than attempting the unification of substantive insolvency law, and respects the differences among national procedural laws. For the purposes of the Model Law, a cross-border insolvency is one where the insolvent debtor has assets in more than one State or where some of the creditors of the debtor are not from the State where the insolvency proceeding is taking place.

The Judicial Perspective is designed to assist judges with questions that may arise in the context of an application for recognition under the UNCITRAL Model Law on Cross-Border Insolvency. As such it is relevant not only to judges from States that have enacted legislation based on the Model Law, but to judges from any State likely to be concerned with cross-border insolvency cases. The text discusses the Model Law from a judge's perspective, identifying issues that may arise on an application for recognition or cooperation under the Model Law and discussing the approaches that courts have taken in countries that have enacted legislation based on the Model Law. The text responds to requests from participants at the biennial UNCITRAL/INSOL/World Bank multinational judicial colloquia for more information on the application and interpretation of the Model Law.