Daniel M. Glosband is a partner in Goodwin Procter LLP’s Financial Restructuring Practice in Boston. George M. Kelakos is the founder and managing director of Kelakos Advisors LLC, a strategic M&A advisory firm that focuses on cross-border advisory services and the monetization of IP assets such as technology patents and consumer brands. Hon. Burton R. Lifland is the former Chief Bankruptcy Judge of the Southern District of New York and former Chief Judge of the Bankruptcy Appellate Panel for the Second Circuit. Josefina Fernandez McEvoy is a partner in the Financial Restructuring & Bankruptcy Practice Group of the national law firm Fox Rothschild, LLP. Selinda A. Melnik is a partner at Edwards Angell Palmer & Dodge LLP in Wilmington, Del., and New York, where she represents virtually every type of party customarily involved in sophisticated domestic and international insolvency proceedings and out-of-court restructurings, including the first international creditors’ committee and the first foreign commercial debtor to obtain a U.S. chapter 15 recognition order.
The American Bankruptcy Institute Guide to Cross-Border Insolvency in the United Statesby Daniel M. Glosband, George M. Kelakos, Hon. Burton R. Lifland, Josefina McEvoy
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This guide is a must-read for any practitioner involved in international insolvency issues. The authors address the history of the UNCITRAL Model Law on Cross-border Insolvency, which the United Nations Commission on International Trade Law adopted in 1997 after five years of meetings and discussion. Thirteen states have now adopted this law, which includes the United States' adoption of chapter 15 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The authors discuss chapter 15 and its provisions in detail, providing helpful insight to the practitioner. In addition, the authors discuss the U.S.'s international insolvency law before its adoption of chapter 15, and there is an extensive discussion of repealed section 304 of the Bankruptcy Code, how it worked in practice and how chapter 15 is fundamentally different. The book also includes a comprehensive chart describing the treatment of cross-border insolvencies by each of almost 40 countries. For those involved in the evolving world of chapter 15 law, this publication provides the necessary overview to understanding the law in practice.
- American Bankruptcy Institute
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