Survival of the Bankruptcy Cooperation Statute
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.