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Chapter 15 bankruptcies were established under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. A Chapter 15 proceeding provides a mechanism for bankruptcies with cross-border implications. Typically, a Chapter 15 proceeding will be ancillary to a bankruptcy proceeding brought about in another country. The statute has the following objectives:
  • To promote cooperation and communication between the United States courts and parties in interest with proceedings or claims against the debtor in foreign courts and other parties in interest in cross-border insolvency cases
  • To establish greater legal certainty for trade and investment
  • To provide for the fair and efficient administration of cross-border insolvencies that protects the interest of all creditors and other interested parties, including the debtor
  • To afford protection and maximization of the value of the debtor’s assets
  • To facilitate the rescue of financially troubled businesses, thereby protecting investment and preserving employment
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