Author: Jodie Adams KirshnerPublish On: 2018-05-10
With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within.
Author: Jodie Adams Kirshner
Publisher: University of Chicago Press
With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional RightsPublish On: 1975
Agreements between administrations , formal or informal , are a common
occurrence in international bankruptcy cases . 3. Endeavors on the interstate
level such as the Uniform Probate Code designed to give a foreign personal
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
00 Price this report 5 cerits For sale by the Superintendent of Documents ,
Washington , D . C . , or Bureau Field Offices JANUARY 1941 Bankruptcy
Procedure in Australia By Joseph O . Janousek , Division of Commercial Laws BANKRUPTCY ...
C CONCERNING THE INTERNATIONAL LAW OF BANKRUPTCY The international conferences dealt here with a subject basically differing from the
others . Whereas , international private law deals with the question whether local
or foreign ...
In competing bankruptcies within the United Kingdom , it is provided , as regards
Scotland , by a statute of 1860 ( 23 and 24 Vict ... In Germany , by the Bankruptcy
Statute of 1877 , foreign creditors have as good a title to appear in bankruptcy ...
Author: Commission on the Bankruptcy Laws of the United StatesPublish On: 1973
International Regulation of Bankruptcy NEW • There will be a need for an international bankruptcy system under international law ( just as we should now
have a national system , under national rather than state law , for national
corporations ) ...
Author: Commission on the Bankruptcy Laws of the United States
In London , the chief judge in bankruptcy , who is also one of the judges of the
chancery division of the high court , sits , and has several registrars under him , to
whom he has power to delegate his jurisdiction . Each judge of county courts has
The court now administering this branch of the law is called the court of bankruptcy , which , as far as the London district is concerned , sits in Basinghall
street , city . The London district includes all the area of the ten metropolitan
county courts ...
Author: Friedrich Karl von SavignyPublish On: 1880
There is a difference only in this respect , that by the modern treaties ( since 1839
) , real rights in things situated out of the country of the bankruptcy can be insisted
( 00 ) Pufendorf ( note kk ) considers the establishment of priority in a foreign ...
Secondly , that a proceeding by adjudication in bankruptcy in England or in
Ireland , and the assignment following thereupon , -a sequestration in Scotland ,
—and , in fine , any assignment under the bankrupt Law of a foreign state in
which the ...
The development of solutions to cross - border insolvency is patently a choice - of
- law problem : How do we choose the ... Interestingly , however , international bankruptcy law has not been analyzed against the backdrop of traditional conflict
But what does it mean to bring universalism to international bankruptcy ? ! “
Universality is considered by many as the ideal of international insolvency
proceedings . To achieve complete universality , however , would require the
unification of ...
It is held in England , that an assignment of personal property under the bankrupt
law of a foreign country passes all such property and debts owing in England ;
that an attachment of such property by an English creditor , with or without notice
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.
Author: B. Wessels
Publisher: Oxford University Press
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.
Lastly , we must consider what respect will be paid to the Bankruptcy . bankruptcy
proceedings of another country . ... The international effect of bankruptcy will
therefore be con- Division of the subject . sidered under the following heads : i .
Author: Georgetown University. Law CenterPublish On: 1997
An example of the interaction between the legislature in one state, its court, and a
quasi-judicial representative of a foreign court is provided by the Herstatt
bankruptcy, one of the first in the wave of prominent international bankruptcies in
This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world.
Author: Philip R. Wood
Publisher: Sweet & Maxwell
This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Foreign seals , 143 . Inter - state and United States authentication of judgments
and records , 144 . AUTHENTICATION OF AMERICAN RECORDS AND FOREIGN LAW . How , 140 — 142 , 143 , 144 , 310 , 312 . BANKRUPTCY ,
The legal barrier for the development of an international bankruptcy system has
been the continuation of jurisdictional wars . Historically , the two central and
opposing doctrines that underlie the jurisdictional principles of an international ...
12 Adding to the confusion of territoriality is the debtor ' s ability to dispose of
assets in foreign countries according to his or her own ... In theory , all private international law conflicts are resolved because the bankruptcy court has