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United States International Insolvency Law

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2nd Edition
ISBN: 9781632834218
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ISBN: 9781632834232
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U.S. International Insolvency Law provides a comprehensive analysis of chapter 15 of the Bankruptcy Code, the U.S. version of the UNCITRAL Model Law on Cross-Border Insolvency. Chapter 15 governs U.S. participation in insolvency cases with international aspects, whether such cases are filed in the United States, in another country, or both in the United States and abroad. The publication is authored by Hon. Samuel L. Bufford, a law professor and former bankruptcy judge with deep knowledge and experience in the field of international insolvency.

This publication provides valuable guidance to a wide audience of professionals involved in international insolvency cases with U.S. connections, including lawyers, judges, accountants, turnaround specialists and other insolvency professionals. It is also useful as a text for international insolvency courses and to provide guidance to foreign judges, lawyers and other insolvency professionals.

The Second Edition covers a decade of cases since the promulgation of chapter 15 and substantially augments the coverage of the first edition, reflecting the expanding interpretation of the law and tracking its details and nuances. At the time the first edition was published, chapter 15 cases had scarcely reached the appellate courts. This edition incorporates the extensive appellate caselaw of the last seven years, a body of law that provides stability and reliability to the international insolvency regime. This edition also contains a substantial discussion of those provisions in chapter 15 that have not yet generated substantial caselaw. Thus, the book gives guidance in the interpretation of the statutory provisions that are not yet addressed in detail by the courts.

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Table of Contents

Table of Contents



Chapter 1  Introduction

Chapter 2   International Bankruptcy Theory

Chapter 3  Chapter 15 of the Bankruptcy Code—General Provisions

Chapter 4  Access to U.S. Courts

Chapter 5  Recognition of Foreign Proceeding and Relief

Chapter 6  Cooperation with Foreign Courts and Foreign Representatives  

Chapter 7  Concurrent Proceedings

Chapter 8  Jurisdiction, Venue, Appeals, and Related Matters for Chapter 15 Cases

Chapter 9  Bankruptcy Code—Other Chapters

Chapter 10  Federal Rules Applicable in Chapter 15 Cases

Chapter 11  Coordination of International Cases for Related Entities