Navigation

Contact us

Jersey

Island Research Repository
Top Floor, Turner Building
Highlands Lane,
St Saviour, JE1 1HL
Jersey

Email: rees.monet@jicas.ac.je

Document detail

Survival of the Bankruptcy Cooperation Statute

Abstract

From the late 18th century onwards, the development of the doctrine of comity by the courts in England stimulated progress towards cooperation by inviting courts to make contact with each other and to develop working relationships involving cases they had in common with other jurisdictions.2 Over the years, various cases have added to those first steps in cooperation through the recognition of overseas proceedings and the appointment of office-holders. Their subject matter has included orders granting title to office-holders over property, giving them powers to act within the jurisdiction, ordering examinations and the production of documents to aid discovery, issuing injunctions and stays to prevent piecemeal dismemberment of the debtor’s estate, opening ancillary proceedings in aid of main procedures elsewhere, as well as the approval of reconstructions and creditors’ schemes.

Categories Law, Social science
Keywords Bankruptcy, Comity, Cooperation, International Recognition, Judicial Assistance
Author Paul J. Omar
Date published 2018
Document type Article
Organisation Jersey and Guernsey Law Review
IRR Code IRR/JGLR/2018.44062
Funder
File Type pdf