Table of contents
Jurisdiction | United States |
Table of contents
Chapter One
Introduction..................................................................................................1
Chapter Two
The Foreign representative and the Start of a Chapter 15 Case.........................................................................................7
I. Predicates for Eligibility.......................................................................................................8
A. Who Qualifies to Be a "Foreign Representative"?....................................................11
1. Initial Interpretation of the Term "Foreign Representative" Under U.S. Bankruptcy Law...........................................................................................11
2. Determination of the Term "Foreign Representative" Under Chapter 15.....................12
3. Special Questions Regarding the Term "Foreign Representative" Under Chapter 15............................................................................................................13
4. May a Supervisory or Collective Group Serve as a Foreign Representative?................13
5. Selecting a Foreign Representative from Several Potential Candidates........................15
B. May the Debtor Be a "Debtor" in a Case Under the Bankruptcy Code?..............19
C. Does the Foreign Insolvency Proceeding Fit the Bankruptcy Code's Definition of "Foreign Proceeding"?.........................................................................24
D. Is the Foreign Proceeding Main, Non-Main, or Neither?......................................29
1. Recognition of a Foreign Main Proceeding....................................................................29
2. Recognition of a Foreign Non-Main Proceeding............................................................36
II. Evidentiary Requirements for Filing a Petition for Recognition................................39
Chapter Three
Relief Available in the Pre-Recognition "Gap" period.......................................................................................................41
I. The Not-so-Automatic stay..............................................................................................43
A. The Pro-Fit Approach..................................................................................................44
B. The Worldwide Education services Approach..........................................................46
C. Conclusion...
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Request your trial- American Bankruptcy Institute
- Chapter 15 for Foreign Debtors
- Front Matter
- About the Authors
- About the Editors
- Acknowledgments
- Table of contents
- Chapter One Introduction
- Chapter Two The foreign Representative and the Start of a Chapter 15 Case
- Chapter Three Relief Available in the Pre-Recognition "Gap" Period
- Chapter Four Relief Available upon Recognition
- Chapter Five Litigation in Chapter 15 Cases
- Chapter Six Avoidance Actions
- Chapter Seven Comity and Public Policy
- Chapter Eight Cooperation, Communication and Concurrent Proceedings
- Chapter Nine Conclusion
- Appendix Contents
- Statutory Appendix Chapter 15 of the U.S. Bankruptcy Code
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