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International Cooperation in Bankruptcy and Insolvency Matters

International Cooperation in Bankruptcy and Insolvency Matters

Name: International Cooperation in Bankruptcy and Insolvency Matters
Brand: Oxford University Press USA
SKU: 9780195340174
Price: 3089.45 HKD
Availability: OutOfStock
Author: Bob Wessels; Bruce Markell; Jason Kilborn
ISBN: 9780195340174

Edited by Bob Wessels · Bruce Markell · Jason Kilborn

Oxford University Press USA May 2009

Specifications

ISBN-13: 9780195340174
Publisher: Oxford University Press USA
Publication: May 2009
Format: Hardback , 284 pages
Jurisdiction: International ? Countri(es) for reference only

Details

The first publication to analyze the structures and practices that have developed in transnational bankruptcy and insolvency
Includes thoroughly researched developments on EU regulation on insolvency proceedings; UNCITRAL Model Law on Cross-Border Insolvency; cross-border insolvency proceedings; debt restructuring, and an in-depth chapter on convergence
Published in cooperation with two of the leading bankruptcy and insolvency organizations in the world: International Insolvency Institute and American College of Bankruptcy
Co-authors are leading and distinguished members in the field
An extensive Appendix, with proceedings, guidelines, and legal compliance and practices applicable in many countries, is included

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.

Readership: Bankruptcy/Insolvency attorneys, judges, credit and restructuring professionals in the US and abroad. Corporate lawyers, in-house counsel (especially bank counsel) Academics, university law and business libraries

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

About the Author

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.