International Cooperation in Bankruptcy and Insolvency Matters

• Authors' Foreword
• Chapter 1 General Introduction
• Insolvency and Bankruptcy
• Roman times
• Middle Ages
• Commercial Code of Napoleon and the Rise of General Bankruptcy Law
• Emerging Tendencies From History
• Our Stance Today: Differences in National Legal Systems
• Chapter 2 Prominent Principles of Domestic Law
• Widely Accepted Broad Principles of Insolvency Systems
• Maximization of Asset Value For All Creditors
• Recognizing/Preserving Existing Creditor Rights
• Equitable Treatment Of Similarly Situated Creditors
• Wide Disparities With Respect to Specific Procedures and Rules
• (Un)Equal Treatment of Pre-Petition Claims
• Maximizing Value in a Common Pool
• Preparation and Voting on a Plan of Reorganization
• Principles-Based Approaches to Modernization and Harmonization
• Chapter 3 Guiding approaches to international insolvency law
• The Basic Theoretical Divide: Territorialism v. Universalism
• Territorialism and Its Discontents
• Universalism and Market Symmetry
• Weighing the Advantages and Practical Impediments of the Competing Approaches
• Predictability & Prevention of Forum Shopping
• Upholding Legitimate Expectations: "Vested Interests" and Fairness
• Minimizing Losses and Transaction Costs, Maximizing Value
• Alternatives
• Strengthening Universalism
• Cooperative Territorialism
• Mixing Universalism and Territorialism
• Choice of Law
• Modified Universalism
• Chapter 4 Unilateral & Bilateral Forms of National Cooperation
• Bilateral Treaties: From Medieval Origins to 19th and 20th Century Expansion
• Anglo-American Unilateral Cooperation: Legislation and Case Law
• United Kingdom: Common Law Cooperation and the Limited Role of s 426
• United States: Early Resistance Gives Way To Statutory Cooperation, § 304
• Ambiguous Results On Both Sides of the Atlantic
• Several Unilateral Regimes in Modern Europe
• Germany
• Spain
• Belgium
• France
• Italy
• The Netherlands
• Eastern European States
• Chapter 5 Regional Cooperation and Regulation
• North America
• The Draft U.S.-Canada Bankruptcy Treaty
• The ALI "Principles of Cooperation Among the NAFTA Countries"
• The European Union
• Judicial Cooperation in Civil Matters
• Coordinated Universality as Basic Model
• International Jurisdiction
• Applicable Law
• Recognition of Insolvency Proceedings
• Secondary Insolvency Proceedings
• The Position of Creditors
• Reorganization and Winding-up of Financial Institutions
• Conclusion
• Other Regional Arrangements
• Latin America
• Northern Europe
• Central Africa
• Southeast Asia
• Chapter 6 Convergence Through Legislation and Professional Cooperation
• Harmonization Through Legislation
• Alignment By Courts and Practitioners
• The Model International Insolvency Cooperation Act
• Governance By Private Agreement: Cross-Border Insolvency Protocols
• The Cross-Border Insolvency Concordat and Recent Protocols
• Private Workouts and INSOL International's Statement of Principles
• Chapter 7 Modeling Cross-border Insolvency: The Role of UNCITRAL
• A Fair Framework for Effectively Addressing Cross-border Insolvency Cases
• The Model of the Model Law
• Limited Character
• Legislative Tool
• Practical Scope of the Model Law
• General Provisions
• Scope of Application
• Definitions
• Public Policy Exception
• Interpretation
• Access
• Unhindered Access
• Procedural Standing
• Position of Foreign Creditors
• Recognition of Foreign Proceedings
• Recognition and Its Effects
• Application for Recognition
• Decision to Recognize a Foreign Proceeding
• Relief
• Purpose of Relief
• Provisional Relief
• Additional Relief
• Protection of Interests
• Cross-border Cooperation and Communication
• International Practice
• Cooperation By Courts With Foreign Courts and Foreign Representatives
• Cooperation By Insolvency Office Holder With Foreign Courts and Foreign Representatives
• Means of Cooperation
• Coordination of Concurrent Proceedings
• Model of Concurrent Proceedings
• Territorial Proceedings
• Coordination of Proceedings
• Hotchpot Rule
• The Structure of the Model Law
• Appreciation in Legal Doctrine
• Enacting a Model Law
• Countries' Adoption of the Model Law
• Global Support
• Country by Country
• Conclusion

Bruce A. Markell is a United States Bankruptcy Judge for the District of Nevada. Before taking the bench, he practiced bankruptcy and business law for ten years and was a law professor for fourteen; he is also the Senior Fellow in Bankruptcy and Commercial Law at the William S. Boyd School of Law at the University of Nevada Las Vegas. He is the author of numerous articles on bankruptcy and commercial law, and a co-author of four law school casebooks. He was the International Bar Association's representative to UNCITRAL's Assignment of Receivables Convention, and was an adviser to the United Nations on Secured Transactions and to the Republic of Indonesia on Secured Transactions and Bankruptcy.

Bob Wessels is Professor of International Insolvency Law at the University of Leiden Law School, the Netherlands, an independent legal counselor and advisor, primarily in the area of cross-border insolvency, and since 1987 Deputy Justice at the Court of Appeal, The Hague. He is Chairman of the Academic Forum of INSOL Europe, and has over thirty years of experience in general commercial and corporate law, contract law, and insolvency law. With fifteen books on (international) insolvency law, Professor Wessels is among the world's primary experts on international insolvency law.
Jason Kilborn teaches business and commercial law (including bankruptcy) at John Marshall Law School in Chicago. Before joining the academy, he spent two years in practice as an associate at two major law firms in New York and Washington, D.C., focusing on bankruptcy litigation and corporate reorganization. Professor Kilborn has developed a specialization in the comparative analysis of legal regimes for combating consumer financial distress. He has written several pioneering articles and a book examining the emergent consumer insolvency systems in Germany, France, Belgium, Luxembourg, the Netherlands, Austria, and Sweden, and he has presented papers on comparative consumer bankruptcy law and policy at several national and international conferences.