Chapter 15 and the Model Law on Cross-Border Insolvency
Chapter 15 was added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, adopting UNCITRAL’s Model Law on Cross-Border Insolvency. Chapter 15 of the Bankruptcy Code can be found in the US Code on Cornell LII, the House OLRC, and on Lexis, Westlaw, and Hein Online’s US Code Library. A brief introduction to Chapter 15 can be found in the US Courts’ Bankruptcy Basics.
Books and publications on Chapter 15 include:
- Louise DeCarl Adler, Managing the Chapter 15 Cross-Border Insolvency Case: A Pocket Guide for Judges (Federal Judicial Center 2011)
- Leif Clark, Collier’s Ancillary and Other Cross-Border Insolvency Cases under Chapter 15 of the Bankruptcy Code (K1375 .C58 2008)
- Georgine Marie Kryda, Chapter 15 of the U.S. Bankruptcy Code: Ancillary and Cross-Border Cases (CRS Report RL33562 2006)
The Model Law on Cross-Border Insolvency was drafted and promoted by UNCITRAL’s Working Group on Insolvency Law to standardize the handling of insolvency cases where debtors, creditors, and assets are in more than one country. UNCITRAL Texts & Status has text of the model law, a Guide to Enactment and Interpretation, explanatory texts, preparatory and working group documents, and a bibliography of publications (including law review and other journal articles). UNCITRAL’s CLOUT database can be searched for cases on the Model Law on Cross-Border Insolvency, most from U.S. courts. Their Status page on the Model Law on Cross-Border Insolvency lists countries that have adopted legislation based on the Model Law.
Global Insolvency’s Chapter 15 database has headlines and new filings (with pdf documents), caselaw summaries, and legislative history and commentary.
Bloomberg Law has bankruptcy dockets in Chapter 15 cases in its Practice Center for Bankruptcy. After selecting Chapter 15 cases, narrow your results by date, circuit, state, court, or keyword. Dockets may have links to available documents, and you can request other documents to download if they are available on PACER.
Chapter 15 (Private International Law) of the Digest of U.S. Practice in International Law includes documents and U.S. briefs in cases in cross-border insolvency.
Foreign Insolvency Laws
Global Insolvency (ABI & INSOL International joint project): Bankruptcy news plus resource links by country. Global Insolvency has tables of U.S. Chapter 15 cases and Canadian cross-border cases.
World Bank Doing Business Law Library: Citations and links to business laws (official languages or English translations) by country, including laws on bankruptcy and insolvency. The World Bank’s Doing Business reports include basic information and tables on topics for businesses including resolving insolvency and starting a business.
International Insolvency Institute E-Library: Links to resources by country, including articles, legislation, and decisions. The E-Library also has member articles on international insolvency and other resources by topic.
International Laws on Bankruptcy and Insolvency (Internet Bankruptcy Library): Text or links to bankruptcy laws of a few other countries, in English or official languages.
European Judicial Network in Civil and Commercial Matters: Bankruptcy and insolvency information by European country. The updated European E-Justice Portal has information on and links to insolvency registers by European country.
Foreign Law Guide (subscription database): Subject sections for each country include Bankruptcy or Insolvency, with citations to insolvency laws.
Collier International Business Insolvency Guide (Lexis): Treatise on insolvency systems and laws for selected countries and the European Union, including on cross-border insolvencies, and analysis of U.S. Bankruptcy Code Chapter 15.
Debtor-Creditor Law (Lexis): Part IX is on international insolvency and enforcement of judgments for selected jurisdictions.
The International Insolvency Review: Annual publication with chapters on cross-border insolvencies and insolvency laws of selected countries, available on several law firm websites.
The Law of International Insolvencies and Debt Restructurings (K1370 .L39 2006). Guides by country to bankruptcy, with a separate section of special issues in international bankruptcy and insolvency.
Norton Annual Review of International Insolvency (3d floor periodicals and available online via Westlaw): Articles on developments in international insolvency, including new national legislation, cross-border insolvency, and international issues.
Index to Foreign Legal Periodicals (Hein Online): Find articles on foreign insolvency laws by searching in the subject heading for Bankruptcy and by individual country.
Information on insolvency for individual countries:
- United Kingdom Insolvency Service: U.K. insolvency information, annual reports, statistics, links to insolvency legislation and regulations.
- Bloomberg Law has UK insolvency filings and dockets.