Turnover Under Ch. 15: In Re AJW Offshore

Law360, New York (April 12, 2013, 5:59 PM EDT) -- When Congress added Chapter 15 to the Bankruptcy Code in 2005, incorporating the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency, it authorized U.S. bankruptcy courts to provide certain forms of relief to foreign representatives. However Chapter 15 does not incorporate the Model Law unaltered. It adapts the Model Law’s provisions to harmonize with U.S. law and policy.

Among Chapter 15’s deviations from the Model Law, certain powers under the Bankruptcy Code are specifically included and others are specifically excluded. But what...
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