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Not so welcoming? United States cross-border insolvency assistance

Wade, Judith 2009, Not so welcoming? United States cross-border insolvency assistance, The company lawyer, vol. 30, no. 9, pp. 259-270.

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Title Not so welcoming? United States cross-border insolvency assistance
Author(s) Wade, Judith
Journal name The company lawyer
Volume number 30
Issue number 9
Start page 259
End page 270
Publisher Thomson Reuters
Place of publication London, England
Publication date 2009
ISSN 0144-1027
Keyword(s) centre of main interests
cross-border insolvency
recognition
United States
Summary Examines the recognition of and assistance for foreign insolvency proceedings offered by the US courts under the US Code Title 11 Ch.15 (Bankruptcy Code), with particular reference to the approach to determining a centre of main interests, leading to refusal of recognition of Cayman Islands proceedings, in Re Basis Yield Alpha Fund (Master) and Re Bear Stearns High-Grade Structured Credit Strategies Master Fund Ltd (In Provisional Liquidation). Suggests that the approach under Ch.15 is more restrictive than the previous approach in the US, noting examples from case law under the previous provisions.
Language eng
Field of Research 180116 International Law (excl International Trade Law)
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2009, Sweet & Maxwell Limited and Contributors
Persistent URL http://hdl.handle.net/10536/DRO/DU:30021509

Document type: Journal Article
Collection: Law
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