International Insolvency Resources

Insolvency Event Materials

International Fellows Panel Discussion Materials
March 14, 2014
- In re Vitro, S.A.B. de C.V.
- In re Tri-Continental Exchange Ltd.
- In re Rutger Schimmelpenninck

Chapter 15 Project – Member Survey

American College of Bankruptcy: NCBJ Presentation Materials – San Diego, October 26, 2012

March 16, 2012

Cross-Border Insolvencies in England Patricia Godfrey, Nabarro LLP, London

October 14, 2010

American College of Bankruptcy/National Conference of Bankruptcy Judges First Annual International Insolvency Roundtable

March 17, 2006

Directors’ Duties Under English Law
Jonathan Rushworth, Slaughter and May, London

Chapter 15 Summary PowerPoint Presentation
Daniel M. Glosband, Goodwin Procter LLP

March 17, 2005

International Insolvency Institute/American College of Bankruptcy Annual Meeting Joint Presentation

International Insolvency Institute/American College of Bankruptcy Annual Meeting Joint Presentation

Industry Links

International Insolvency Institute

www.iiiglobal.org

The International Insolvency Institute is a non-profit, limited-membership invitational organization dedicated to advancing and promoting insolvency as a respected discipline in the international field. Its primary objectives include improving international co-operation in the insolvency area and achieving greater co-ordination among nations in multinational business reorganizations and restructurings.

The Institute’s membership is drawn from the most senior and respected insolvency practitioners, judges and academics in the world and it has valuable liaisons with many of the most senior regulatory and administrative professionals in the insolvency field.

INSOL International

www.insol.org

INSOL International is a worldwide federation of national associations of accountants and lawyers who specialise in turnaround and insolvency. There are currently 34 Member Associations with over 7,700 professionals participating as members of INSOL International. Individuals who are not members of a member association join as individual members.

INSOL also has ancillary groups that represent the judiciary, regulators, lenders and academics. These groups play an invaluable role within INSOL and provide valuable forums for discussions of mutual problems.

INSOL was formed in 1982 and has grown in stature to become the leading insolvency association in the world. It is a valuable source of professional knowledge, which is being put to use around the world on diverse projects to the benefit of the business and financial communities.

International Insolvency Resources

Amicus Brief supporting the Bankruptcy Court Decision in Re Bear Stearns on appeal to the District Court, SDNY, prepared by Fellows Dan Glosband, Jay Westbrook and Kenneth Klee (November 28, 2007).

UNCITRAL Model Law on Cross-Border Insolvency
     - Guide to Enactment

International DIP Financing (UNCITRAL Legislative Guide treatment of financing insolvency proceedings)

Insolvency Resources

Documents, legislative initiatives and enacted legislation from international sources related to bankruptcy and insolvency issues.

Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases
The American Law Institute at Washington, D.C., May 16, 2000
And as adopted by
The International Insolvancy Institute at New York, June 10, 2001

ARGENTINA


Ancillary and Cross-Border Cases:
Application of United States Bankruptcy Law to Argentine Debtors and Their U.S. Creditors
By: Honorable Cecelia Morris and Jeff Narmore, Esq.
With permission from Journal of Bankruptcy Law and Practice, Thomson/West
July 2006

Ministry of Justice Cross Border Insolvency Bill (2002)
Drafting Committee: Hon. Adolfo Rouillon; Ana I. Piaggi; Efrain H. Richard; Héctor Alegria; Juan Anich; Julio César Rivera; Mariano Gagliardo; Sergio Le Pera. Secretaries: Carlos San Millán and Maria Celia Marsili.
May 28, 2002

Rules of International Private Law, Priorities on Insolvency and The Competing Rights of Foreign and Domestic Creditors, Under the Argentine Insolvency Law.
By Hon. Adolfo Rouillon, Court of Appeal, Santa Fe, Argentina

AUSTRALIA


Developments in International Recognition of
Insolvency Administrations and Cross Border Insolvency
Paul Nicols, Allens Arthur Robinson, Sydney NSW, Australia
April 16, 2003

BRAZIL


Cross-Border Insolvencies and Restructurings in Brazil
By Thomas B. Felsberg, Felsberg e Associados, Advogados e Consultores Legasis, Sao Paulo, Brazil
January 27, 2003

New Approaches to Sovereign Debt
By Thomas B. Felsberg, Felsberg e Associados, Advogados e Consultores Legasis, Sao Paulo, Brazil
March 28, 2003

CANADA


Insolvency & Bankruptcy Issues for Information Technology
Michael A. Fitch, Q.C., Fasken Martineau DuMoulin LLP, Vancouver, B.C., Canada
Recent Canadian Transnational Insolvency Decisions
from the International Insolvency Institute New York Conference, June, 2002
Michael A. Fitch, Q.C., Fasken Martineau DuMoulin LLP, Vancouver, B.C., Canada
North American Cross Border Cases: The Possible Impact of Impending Insolvency Reform Initiatives
Alan D. Smith, Perkins Cole LLP
Michael A. Fitch, Q.C., Fasken Martineau DuMoulin LLP, Vancouver, B.C., Canada
Cooperation and Coordination in Cross-Border Insolvency Cases
(An analysis of developing co-operation in multinational insolvency proceedings, focusing on proceedings between Canada and the United States).
Contributed by Mr. Justice J. M Farley
Ontario Superior Court of Justice, Toronto and
Bruce Leonard, Cassels, Brock & Blackwell LLP
Toronto, ONT, Canada
Presented in Vancouver, B.C., Canada
February 6, 2004
The Starcom Restructuring – A Consolidated Cross-Border Transaction
By Michael A. Fitch, Q.C., Fasken, Martineau DuMoulin LLP, Vancouver, B.C., Canada
Plans of Reorganization Under the Companies’ Creditors
Arrangement Act
in Canada – An Overview
By Michael A. Fitch, Q.C., Fasken, Martineau DuMoulin LLP, Vancouver, B.C., Canada
February 2003
360Networks – A TELECOM SUCCESS STORY
By Michael A. Fitch, Q.C., Fasken, Martineau DuMoulin LLP, Vancouver, B.C., Canada
February 2003

ENGLAND


US bankruptcy judgement can be enforced by the English courts
Freshfields Bruckhaus Deringer, England
August 2010

A Perpetual headache: ‘flip’ clause declared unenforceable by US Bankruptcy Court
Freshfields Bruckhaus Deringer, England
January 2010

Court of Appeal rules on the scope of the ‘anti-deprivation’ rule
Freshfields Bruckhaus Deringer, England
November 2009

Cenargo: A Tale of Two Courts, Comity and (Alleged!) Contempt
By Susan Moore, Submitted by Michael Steiner, Denton Wilde Sapte, London, England
March 29, 2003

FRANCE


The Reform of Insolvency Proceedings in France
“A Professional’s Point of View”
By: Isabelle Didier
With permission from the Journal of Bankruptcy Law and Practice, Thomson/West
July 2005

EUROPEAN UNION


Moving House: Which Court Can Open Insolvency Proceedings?
Prof. Bob Wessels
Vrije University Amsterdam
The Netherlands
November 25, 2003

EU Regulation on Insolvency Proceedings
Dr. Klaus Pannen
White & Case LLP
Jungfemstieg 51
20354 Hamburg/Germany
2004

JAPAN


Latest Insolvency Issues in Japan
Tomoo Tasaku, Partner
PricewaterhouseCoopers Financial Advisory Services, Tokyo, Japan
February 2, 2004

Guidelines Applicable to Court-to-Court Communications
in Cross-Border Case

(A translation of the Guidelines into Japanese).
Translated by and contributed by Hideyuki Sakai,Law Offices of Hideyuki Sakai, Tokyo.
As Adopted and Promulgated By
The American Law Institute in Washington, D.C.
The American Law Institute
Philadelphia, Pennsylvania
May 16, 2003

MEXICO


Highlights of Mexico Insolvency
Agustín Berdeja-Prieto
BERDEJA Y ASOCIADOS, S.C., México
March 18, 2011

UNITED STATES


International Monetary Fund (IMF)
Sovereign Debt Restructuring Mechanism – One Year Later
By Anne O. Krueger First Deputy Managing Director, International Monetary Fund, Presented at the European Commission, Brussels, Belgium
December 10, 2002

International Monetary Fund (IMF)
The Design of the Sovereign Debt Restructuring Mechanism-Further Considerations
Prepared by the IMF Legal and Policy Development and Review Departments
Approved by Francois Gianviti and Timothy Geithner
Washington, D.C.
November 27, 2002

Guidelines Applicable to Court-to-Court Communications in Cross-Border Cases
By The American Law Institute
Philadelphia, Pennsylvania
May 16, 2000

Stonington Partners Inc.
In Re Lernout and Hauspie Speech Products N.V., 310 F. 3d 48, 40 Bankr.Ct.Dec. (LRP) 113 (3rd Cir.Del. 2002).
An opinion from the Third Circuit calling for greater co-ordination, co-operation and communication between Courts in cross-border cases.)
Argued June 13, 2002

United States Bankruptcy Court For The Southern District of Texas Houston Division
In Re Yukos Oil Company, DebtorU.S. Bankruptcy Court orders concerning Yukos Oil Company:
(1) A Houston TRO(2) A Houston decision finding jurisdiction over Yukos but dismissing on other Grounds(3) An order in a New York Chapter 15 case concerning the expiration of a TRO and other matters concerning coordination with other courts.Contributed by:
Zack A. Clement
Counsel for Yukos Oil Company
Fulbright & Jaworski L.L.P.
Houston, Texas
February 8, 2007