Chapter 15 was added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, adopting UNCITRAL’s Model Law on Cross-Border Insolvency. Chapter 15 of the Bankruptcy Code can be found in the US Code on Cornell LII, the House OLRC, and on Lexis, Westlaw, and Hein Online’s US Code Library. A brief introduction to Chapter 15 can be found in the US Courts’ Bankruptcy Basics. And text of the Bankruptcy Code (including Chapter 15) can be found with analysis in Norton Bankruptcy Law and Practice and Collier on Bankruptcy.
The Model Law on Cross-Border Insolvency was drafted and promoted by UNCITRAL’s Working Group on Insolvency Law to standardize the handling of insolvency cases where debtors, creditors, and assets are in more than one country. UNCITRAL Texts & Status has text of the model law, a Guide to Enactment and Interpretation, explanatory texts, preparatory and working group documents, and a bibliography of publications (including law review and other journal articles). UNCITRAL’s CLOUT database can be searched for cases on the Model Law on Cross-Border Insolvency, most from U.S. courts. UNCITRAL's Status page on the Model Law on Cross-Border Insolvency lists countries that have adopted legislation based on the Model Law.
ABI Global Insolvency’s Chapter 15 database has headlines and new filings, caselaw summaries, and legislative history and commentary.
Bloomberg Law has bankruptcy dockets in Chapter 15 cases in its Practice Center for Bankruptcy. After selecting Chapter 15 cases, narrow your results by date, circuit, state, court, or keyword. Dockets may have links to available documents, and you can request other documents to download if they are available on PACER. The Bankruptcy Practice Center also has recent Chapter 15 filings under Recent Cases & Orders.
Westlaw Practical Law: Cross-Border: Chapter 15: Includes practice notes, case trackers, and standard documents.
Books on Chapter 15 include:
International Cooperation in Bankruptcy and Insolvency Matters by
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.
Global Insolvency (ABI & INSOL International joint project): Bankruptcy news plus resource links by country. Global Insolvency has a database of U.S. Chapter 15 cases, plus articles on international insolvency from the ABI Journal.
European E-Justice Portal: Bankruptcy and insolvency information by European Union member state, with links to insolvency registers and laws by country.
Foreign Law Guide (subscription database): Subject sections for each country include Bankruptcy & Insolvency, with citations to insolvency laws and secondary sources.
Debtor-Creditor Law (Lexis): Part IX is on international insolvency and enforcement of judgments for selected jurisdictions.
The International Insolvency Review: Quarterly publication with chapters on cross-border insolvencies and insolvency laws of selected countries, available on Wiley Online and on Hein Online.
Index to Foreign Legal Periodicals (Hein Online): Find articles on foreign insolvency laws by searching in the subject heading for Bankruptcy and by individual country.
Lexology Panoramic: Restructuring and insolvency Q&A summaries and articles by country
Westlaw Practical Law: Cross-Border: Chapter 15: Includes restructuring and insolvency overviews by country in the Country Q& A sections
United Kingdom:
Canada:
Books on international insolvency law include:
International Insolvency Law: National Laws and International Texts by
This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries' insolvency [and international insolvency] law. Chapters included on the UNCITRAL Model Law and on forum and jurisdiction.
Executory Contracts in Insolvency Law: A Global Guide by
Includes national reports by country.
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