The new European convention on international insolvency

Article Abstract:

The EU's 1995 Convention on Insolvency Proceedings was an important step in uniformly regulating bankruptcy matters among European nations but not completely successful. The EU had tried for 25 years to complete an agreement on insolvency procedures that complemented the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters. The EU Convention issued its final draft agreement on Sep 25, 1995, but failed to resolve matters of jurisdiction and failed to completely complement the Brussels Convention.

Administration of General Economic Programs, International Affairs, Intnl Economic Policy, Bankruptcy Law, Other Justice, Public Order, and Safety Activities, European Community, International economic relations, European Union

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American recognition of international insolvency proceedings: deciphering section 304(c)

Article Abstract:

Bankruptcy Code section 304(c) should be interpreted by comity and the balancing test to ascertain if an international bankruptcy proceeding should be recognized. Case law shows that the courts have retained prior approaches such as territoriality or universality. Yet section 304(c) was intended by the legislature to provide specific guidance and tests for foreign proceedings, such as comity analysis.

Laws, regulations and rules, Conflict of laws, Comity of nations

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Overview and analysis of how the United Nations model law on Insolvency would affect United States corporations doing business abroad

Article Abstract:

The author discuses the problems associated with cross-border bankruptcies which led to the establishment of the United Nation's Model Cross-Border Insolvency Law in 1997. The text of the model law is included.

United States, International, Debtor and creditor

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