Insolvency Law

Articles written by attorneys and experts worldwide discussing legal aspects related to Debtor and Creditor including: bankruptcy, collections, credit and mortgage, debt recovery and insolvency.

The Section of Litigation, the largest specialty section of the American Bar Association, is dedicated to helping litigators become more effective advocates for their clients. The Section is a legal publisher, a provider of CLE programming, a source of news and analysis, and a strong national voice in discussions concerning the profession. Simply put, the Section helps lawyers be better lawyers.

The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act. Its purposes are to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act.

Insolvency means the inability to pay one's debts as they fall due. Usually used to refer to a business, insolvency refers to the inability of a company to pay off its debts. Business insolvency is defined in two different ways: Cash flow insolvency Unable to pay debts as they fall due. Balance sheet insolvency Having negative net assets – in other words, liabilities exceed assets.

Chapter 15 is a new chapter added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is the U.S. domestic adoption of the Model Law on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law ("UNCITRAL") in 1997, and it replaces section 304 of the Bankruptcy Code. Because of the UNCITRAL source for chapter 15, the U.S. interpretation must be coordinated with the interpretation given by other countries that have adopted it as internal law to promote a uniform and coordinated legal regime for cross-border insolvency cases.

Under the Uniform Commercial Code, a person is considered to be insolvent when the party has ceased to pay its debts in the ordinary course of business, or cannot pay its debts as they become due, or is insolvent within the meaning of the Bankruptcy Code. This is important because certain rights under the code may be invoked against an insolvent party which are otherwise unavailable.

Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation.

The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

AIRA is a nationwide not-for-profit organization serving the needs of business turnaround, restructuring and bankruptcy practitioners, recognized as the leading organization in its field. Membership consists of accountants, financial advisors, attorneys, workout consultants, trustees, and others involved in insolvency, and bankruptcy matters. The AIRA seeks to foster an understanding of the insolvency, reorganization and business turnaround practice, ato sponsor relevant education programs and to administer the Certified Insolvency and Restructuring Advisor (CIRA) and the Certification in Distressed Business Valuation (CDBV) programs in order to recognize professionals for their excellence in specialized services.

The Federal Trade Commission is the nation's consumer protection agency. The FTC's Bureau of Consumer Protection works For The Consumer to prevent fraud, deception, and unfair business practices in the marketplace. The Bureau: * Enhances consumer confidence by enforcing federal laws that protect consumers * Empowers consumers with free information to help them exercise their rights and spot and avoid fraud and deception * Wants to hear from consumers who want to get information or file a complaint about fraud or identity theft.

Global Insolvency is a joint project of the American Bankruptcy Institute and INSOL International. It serves as a comprehensive source of information both on current issues in international insolvency and restructuring law and on the legal framework for insolvency and restructuring around the world. The site features daily news headlines on insolvency developments around the globe. From current commentary and recent filings to international protocols and bankruptcy statutes to advice on cross-border lending, the GLOBAL INSOLvency site offers a range of information for insolvency practitioners, judges, accountants, trustees and others.

The International Association of Insolvency Regulators (IAIR) is an international body that brings together the collective experiences and expertise of government insolvency regulators from jurisdictions around the world. IAIR members have a unique perspective given the role that they play in insolvency systems.

INSOL International is a world-wide federation of national associations for accountants and lawyers who specialise in turnaround and insolvency. There are currently 40 Member Associations world-wide with over 10,000 professionals participating as Members of INSOL International.

NACM® was founded in 1896 to promote good laws for sound credit, protect businesses against fraudulent debtors, improve the interchange of credit information, develop better credit practices and methods, and establish a code of ethics.

This Guide is a must-read for any practitioner involved in international insolvency issues. The authors address the history of the UNCITRAL Model Law on Cross-border Insolvency, which the United Nations Commission on International Trade Law adopted in 1997 after five years of meetings and discussion. Thirteen states have now adopted this law, which includes the United States' adoption of chapter 15 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. For those involved in the evolving new world of chapter 15 law, this publication provides the necessary overview to understanding the law in practice.

The ABI Journal is the flagship publication of the American Bankruptcy Institute. This periodical is published 10 times a year, with combined issues for July/August and December/January. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

An effective insolvency system, applied in a predictable manner, is important to the health of a country and the functioning of its financial system, serving to make the risks and consequences of a failure of a corporate entity easier to quantify for all parties involved. By introducing a measure of certainty into insolvency outcomes, effective insolvency regimes enable lenders to more accurately assess risk.