The article provides an introduction to the Islamic law of bankruptcy. We believe this is the first in depth examination of the classical Islamic law of bankruptcy, IFLAS, in the English language. The article discusses the basic elements and tenets of Shari'a, the body of classical Islamic law,...

This paper provides an account of the emergent phenomenon of ‘bankruptcy tourism' - forum shopping by debtors for favourable personal insolvency law - within the EU and with particular reference to England and Wales. After outlining the structural features of the European legal framework that...

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

Since the price peak in 2006, home values have fallen more than 30%, leaving millions of Americans with negative equity in their homes. Until the Supreme Court's 1993 decision in Nobelman v. American Savings Bank, the bankruptcy system would have provided many such homeowners with a remedy. They...

This paper, which was written as a White Paper for the Federalist Society, describes and assesses the question whether public employee pensions can be restructured in bankruptcy, with a particular focus on Detroit. Part I gives a brief overview both of the treatment of pensions under state law,...

Dit artikel is een noot onder het arrest van het Hof van Beroep van Gent van 7 mei 1996, met betrekking tot de toepassing van de separatistenpositie van de onbetaalde verkoper van bedrijfsuitrusting bij faillissement.This paper is an annotation to Court of Appeal Ghent 7 May 1996, regarding the...

In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...

The current majority rule for handling the discharge of tax debt related to a tardily filed tax return is severely distorted and antithetical to sound bankruptcy and taxation policy. For years, it was established law that bankruptcy could discharge stale tax debts. Indeed, the Bankruptcy Code...

Insolvency law in the People's Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese insolvency law since the enactment of the PRC Enterprise...

The bankruptcy courts are currently split on the appropriate choice of law rule, some contend that they must apply the forum state's choice of law rule while others contend that they are free to create a federal choice of law rule. This Article contends that the forum state's choice of law rule...