Ethical Concerns in Cross-Border Bankruptcy
Ethical Concerns in Cross-Border Bankruptcy
In 2005, Chapter 15 was added to the U.S. Bankruptcy Code. Its express purpose is to "provide effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants, and other parties of interest involving more than one country." This course is presented in two parts. Part I - Identifying and Resolving the Tough Issues – explores the history of Chapter 15: why it came to be, its importance and role, when you might encounter it, and its limits. Through storytelling, learners will gain an understanding of the provision's scope and the ethical oddities that occur when U.S. law meets a foreign jurisdiction. Part II – Location, Location, Location – is a deep-dive into the complicated aspects of inbound insolvency cases, foreign governments, U.S. assets, global citizens and fraud cases. Learners receive insights into the logistics of Chapter 15 such as dealing with witnesses, defendants, and process servers.
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