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Collier Monograph: Ancillary and Other Cross-Border Insolvency Cases Under Chapter 15 of the Bankruptcy Code

In a world becoming increasingly interdependent it is unusual for a major bankruptcy ...


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Publisher :LexisNexis
Format: BOOK
ISBN: 9781422424216
  $175.00
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    In a world becoming increasingly interdependent it is unusual for a major bankruptcy case to be devoid of international aspects. This new monograph is designed to assist bankruptcy practitioners in understanding Chapter 15 of the Bankruptcy Code so they can handle the special challenges posed by international insolvency cases.

    Written by a leading expert and edited by a primary draftsman of Chapter 15, this softbound pamphlet provides effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants and other parties from more than one country.

    Readers will benefit from a discussion of the latest case law since Chapter 15 went into effect in 2005. Plus the appendices reprint the text of Chapter 15 and the UNCITRAL Model Law upon which it was based along with the Guide to Enactment for the Model Law.

    Section 1 – Analysis and overview of international insolvency issues
    Section 2 – Brief history of the development of Chapter 15 of the Bankruptcy Code
    Section 3 – Overview of Chapter 15
    Section 4 – Definitions under Chapter 15
    Section 5 – Commencement of an ancillary case
    Section 6 – Relief available prior to recognition
    Section 7 – Relief available upon recognition
    Section 8 – Powers of a foreign representative upon recognition
    Section 9 – The “safe conduct” rule
    Section 10 – Creditor protections and remedies in an ancillary case
    Section 11 – Cooperation with foreign courts and representatives
    Section 12 – Chapter 7 or Chapter 11 cases commenced after and before recognition
    Section 13 – Coordination of more than one proceeding
    Section 14 – Special problems with corporate groups incorporated under multiple jurisdictions
    Section 15 – Closing an ancillary proceeding
    Appendix A: Chapter 15 of the U.S. Bankruptcy Code (11 U.S.C. §§ 1501-1532)
    Appendix B: The UNCITRAL Model Law on Cross-Border Insolvency with Guide to Enactment

     

    Judge Leif M. Clark


    Judge Leif M. Clark, has served as a bankruptcy judge for the Western District of Texas since 1987. Prior to his appointment, he was a partner with the firm of Cox & Smith, in San Antonio, Texas. He is the author of well over 200 opinions, many of them seminal decisions on emerging issues in consumer and business bankruptcy.

    Judge Clark served on the advisory committee to the U.S. delegation to UNCITRAL as that organization developed the Model Law on Cross-Border Insolvency, since enacted in the United States as Chapter 15 of the Bankruptcy Code. He continues to assist UNCITRAL in its development of guidelines for cross-border communications and coordination among judges. Judge Clark was a member of the advisory group that developed the Transnational Insolvency Guide for ALI-ABA.

    For sixteen years, Judge Clark taught a course in American Constitutional Law to non-U.S. students as part of the International Master of Laws Program for McGeorge School of Law in Salzburg, Austria. He helped to design and to then administer a USAID-sponsored judicial training program for insolvency judges in Poland, Romania, Latvia, and the Ukraine. He continues to serve as an adjunct professor at the University of Texas School of Law, teaching bankruptcy courses.

    Daniel M. Glosband


    Daniel M. Glosband, Esq., is a partner in Goodwin Procter LLP¿s Business Law Department and a member of its Financial Restructuring Practice. Mr. Glosband¿s primary areas of practice are insolvency and reorganization. He has acted as an adviser to the U.S. State Department and the American Law Institute on international insolvency projects.

    Mr. Glosband served as one of two primary draftsmen (with Professor Jay Westbrook of the University of Texas Law School) for Chapter 15 of the United States Bankruptcy Code, ¿Ancillary and Other Cross-Border Cases.¿ He also served as one of the primary draftsmen of the UNCITRAL Model Law on Cross-Border Insolvency and is the official liaison of the Creditors Rights and Insolvency Committee of the IBA to the U.N. Commission on International Trade Law project on Cross-Border Insolvency.

    Mr. Glosband recently represented the lead investors in the proposed Chapter 11 plan of US Airways and its merger with America West and the fiduciaries for the employee stock plan in the Delta case. He also represents CNA Insurance, one of the main insurers of W.R. Grace in its asbestos-driven Chapter 11 case.

     

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