Assignment First

  本篇代寫論文 價格-聯合國國際貿易委員會講了要在第15章提起訴訟,外國代表首先需要獲得美國法院的承認。承認外國訴訟程序後,救濟是強制性的。根據每個案件的事實給予承認和救濟。顯然,這似乎是一個非常簡單的過程。債務人需要遵守一系列詳細的規則和條例,才能從美國政府獲得援助和救濟。本篇代寫論文 價格文章由加拿大第一論文 Assignment First輔導網整理,供大家參考閱讀。

  UNCITRAL (United Nations Commission of International Trade)

  To initiate proceeding in Chapter 15 the foreign representative needs to first gain recognition by the US courts. After recognition of the foreign proceedings relief is mandated. Recognition and relief is offered based on the facts of each case. Apparently it will seem to be a pretty straightforward process. There are a number of detailed set of rules and regulations that needs to be followed by the debtor to gain assistance and relief from the US government.

  Jurisdiction of the courts is ensured in this process. Foreign courts judgment and guidelines will be considered in the US courts. However these foreign courts cannot mandate all the rules of the US courts. They cannot interfere with the US court activities. The scope of power of the foreign court in the US court is limited. Foreign court interpretation and judgment should not interfere with the US courts. This aspects makes the foreign courts scope of power limited. This also makes US courts scope of power limited when initiating proceedings in another country.

  There are some inherent issues in Chapter 15. For Chapter 15 to be triggered, there should be official recognition of the foreign representatives. For the recognition there are a number of important evidences must be given to the courts. These foreign proceedings should not undermine the US courts. The foreign courts should have an official mandated protocol that is followed in the international arena. Each case is decided based on the events surrounding the case. Even though there is an homogenized law actual implementation is based on the discretion of the US courts. This applies to the federal and the state courts. Once the Foreign representatives are recognized based on the merits of the case relief is provided. Even after the foreign representatives are officially recognized the US courts provides relief based on the discretion of the courts. This is done to protect the national interest of the country and also prevent abuse from the foreign representatives. Foreign representatives i.e. the debtor must show to the courts that they can be restructured and function successfully. For this recognition and providing of relief the debtor should prove it to the courts. This is considered to be a very tedious task for the debtor. There are a number of mandated rules for chapter 15 to reduce abuse of the bankruptcy code. The bankruptcy code does recognise the importance of comity nevertheless tries to maintain the interests of the nations. There has been a general criticism that even though there US follows Model law implementation is considered an issue. Nevertheless the new bankruptcy code provides a number of new reliefs to the debtors. This law is not perfect but there are a number of positive attributes in Chapter 15.

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