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The Harmonizing Directive of Section 1508: Foreign Case Law’s Role in Interpreting Chapter 15 of the U.S. Bankruptcy Code

The number of insolvency cases with cross-border aspects continues to rise. In many of these cases, a country’s adoption of the UNCITRAL Model Law on Cross-Border Insolvency governs. The United States adopted the Model Law into federal statute through Chapter 15 of the U.S. Bankruptcy Code. Section 1508 of the Bankruptcy Code requires U.S. courts to consider the international...