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Chapter 15 of the United States Bankruptcy Code
codifies a comprehensive framework through which
representatives in corporate insolvency proceedings
outside the U.S. can obtain access to the United States
courts.
Effective October 17, 2005, Chapter 15 replaces
Bankruptcy Code Section 304. Chapter 15 is much broader
and more detailed than Section 304.
Chapter 15 is based on the Model Law on Cross-Border
Insolvency promulgated by the United Nations Commission
for International Trade Law (UNCITRAL). Legislation
based on the UNCITRAL Model Law on Cross-Border
Insolvency has also been adopted in Eritrea, Japan
(2000), Mexico (2000), Poland, Romania (2003), South
Africa (2000), and within Serbia and Montenegro,
Montenegro (2002).
"[T]he enactment of the UNCITRAL Model Law on
Cross-Border Insolvency is a significant change to the
Bankruptcy Code that may greatly impact the global
economy. If successful, this new experiment in
globalization may save jobs and create greater certainty
in the international financial market. If unsuccessful,
the law could create confusion and chaos as courts
worldwide compete with one another across international
boundaries for large multinational bankruptcy
cases," Dechert LLP's Bankruptcy and Corporate
Recovery and Insolvency practice group advised its
clients in an April 2005 Special Alert.
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