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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

09 MAR 2012

Cross-Border Insolvency Update

Introduction

1.       This paper supports the talks which the author will give on 26 January 2012 and 8 February 2012 at the Met Hotel in Leeds and the Malmaison Hotel in Birmingham. The talks will focus on cross-border insolvency law, and in particular on (i) some recent decisions of the Court of Justice of the European Union (CJEU) and (ii) the phenomenon that is bankruptcy tourism and in particular the recent decision of Chief Bankruptcy Registrar in Official Receiver v Eichler (No 2) [2011] BPIR 1293. In this paper, Council Regulation (EC) No 1346/2000 on Insolvency Proceedings will be referred to as the Regulation; the UNCITRAL Model Law on Cross-Border Insolvency which was incorporated into English law by the Cross-Border Insolvency Regulations 2006 will be referred to as the Model Law.

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