| Cases
and Orders: |
View |
| Lloyd's
of London: The Curious Case
of the "Wilson Notice" |
|
|
| Everfresh
Beverages Inc. &
Sundance Beverages Inc. |
|
The Order Appointing the Interim Receiver,
the Cross Border Insolvency Concordat, and the Cross-border insolvency
protocol.
|
| Laidlaw
Inc. |
|
Order establishing the procedural protocol
for the cross-border insolvency and the claims process.
|
| Livent
Inc. |
|
Order
establishing the cross-border insolvency protocol between Ontario’s CCAA proceedings and New York’s
Chapter 11 proceedings.
|
| Loewen
Group |
|
Initial
Order for Loewen’s CCAA proceedings
and the Cross-Border Insolvency Protocol.
|
| Olympia
& York Realty Corp. |
|
The Chapter 11 and CCAA orders and the
Cross-Border Insolvency Protocol.
|
| Philip
Services Corp. |
|
|
| PSINet
Limited |
|
Order approving and implementing cross-border
insolvency protocol under CCAA and Chapter 11.
|
| Peregrine
Investment Holdings (Hong Kong, Bermuda) |
|
|
| Joseph
Nakash (US Israel) |
|
Order approving cross-border protocol,
granting comity to the Jerusalem District Court.
|
| Federal-Mogul
Global Inc. (US, UK) |
|
Final Order approving cross-border insolvency
protocol.
|
| Maxwell
Communication Corporation plc (US, UK) |
|
Final Supplemental Order appointing the
examiner and approving the agreement between the examiner and joint
administrators.
|
Articles
and Commentary:
|
View |
| First PRC Government Investment Arm Wound Up by Hong Kong Court |
|
Summary of October 2004 decision of Hong
Kong High Court winding up investment arm of the PRC government.
|
Insolvency
and Financial Restructuring: Recent Developments of Importance
|
|
International
Insolvencies and Cross-border Cooperation; Secondary trading
of debt and vulture investors; Debtor-in-Possession
financing; Use of restructuring laws in liquidations; and Recognition
of directors’ and officers’ liability to creditors.
|
| Canada’s
New International Insolvency System |
|
An
Office of the Superintendent of Bankruptcy Bulletin discussing
how the Canadian insolvency regime addresses
international insolvencies and restructurings, offering suggestions
for further improvement.
Bruce Leonard and Frank Spizzirri
|
| Reports
of their Demise Have Been Greatly Exaggerated: Cross-Border Insolvencies
after Re Philip Services Corp. |
|
A newsletter discussing which jurisdiction
can compromise a claim during parallel proceedings and various other
issues related to international insolvencies. Derrick Tay and Alan
Merksey
|
| Corporate
Groups and Canada-US Cross-Border Insolvencies: Contrasting Judicial
Visions |
|
A
paper considering contrasting judicial approaches toward the recognition
of Chapter 11 proceedings, focussing
primarily on the Re Singer Sewing Machine and Re Babcock and Wilcox
decisions. Jacob S. Ziegel
|
| New
Developments and Current
Initiatives in International
and Cross-Border Insolvencies
and Restructurings |
|
A 1996 article, which discusses judicial
trends in multinational insolvencies. Bruce Leonard and Patrick Shea
|
| Insolvencies
without Frontiers: The
Emergence of the Cross-Border
Protocol |
|
A 1999 article discussing the significance,
purpose and structure of cross-border protocols, as well as drafting
issues. Derrick Tay and Orestes Pasparakis
|
| The
Emergence of Mechanisms
for Cross-Border Insolvencies
in Canadian Law |
|
A 2001 journal article examining movements
and trends in Canadian International Bankruptcy and insolvency law
since the Toga decision, particularly in relation to U.S. debtors
and creditors. Sean Dargan
|
| Case
Study: Foreign Representatives
in U.S. Chapter 11 Cases:
Filling the Void in
the Law of Multinational
Insolvencies |
|
A 2001 journal article discussing the history
and merits of the foreign representative concept, which was first
approved in Singer. Evan Flaschen, Anthony Smits and Leo Plank
|
| Changes
Looming? Multiple Cross-Border
Insolvencies: The Singer
Experience |
|
A 1999 article discussing the importance
of the Singer decision, the role of the Foreign Representative, and
potential issues that they might confront. David Grimes and David
Burns
|
| A
Historic Cross-Border
Proceeding |
|
A 1998 ABI journal article discussing a
historic case where simultaneous joint hearings in Canada and the
US led to a successful result through close cooperation between the
two jurisdictions. Editor: Bruce Leonard
|
| Breakthroughs
in Court-to-Court Communications
in Cross-Border Cases |
|
A 2001 ABI journal article discussing the
Transnational Insolvency Project, which set out guidelines for cross-border
insolvencies. Editor: Bruce Leonard
|
| Managing
Default by a Multinational
Venture: Cooperation
in Cross-Border Insolvencies |
|
A 1998 journal article discussing the importance
of cooperation in cross-border insolvencies, options for multinational
restructurings and judicial approaches towards multinational insolvencies.
Bruce Leonard
|
| The
Developing Use of Protocols
in Major Cross-Border
Filings |
|
A 1999 ABI journal article discussing the
Livent, Loewen and Philip Services Corp. cross-border reorganizations,
which featured cross-border insolvency protocols. Editor:Bruce Leonard
|
| The
Increasing International
Cooperation in Cross-Border
Cases |
|
A 1999 ABI journal article examining the
trend of increased cooperation between bankruptcy courts in Canada
and the U.S. Editor: Bruce Leonard
|
| The
Cross-Border Insolvency
Concordat: Principles
to Facilitate the Resolution
of International Insolvencies |
|
A 1996 journal article discussing the evolution
of the Concordat, its principles and its recent use by the courts.
Anne Nielsen, Mike Sigal and Karen Wagner
|
