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Clarity About Comity: How Courts Have Attempted Greater Guidance For Chapter 15 Litigants, Sabrina Lieberman

Northwestern Journal of International Law & Business

Abstract

This note explores the development of courts’ refusal to extend comity to foreign representatives who have filed a proceeding under chapter 15 of the U.S. Bankruptcy Code. Congress adopted chapter 15 as part of a comprehensive 2005 bankruptcy reform. It allows foreign entities to receive protection under the U.S. Bankruptcy Code. In most cases, foreign representatives who file a chapter 15 proceeding are involved with ancillary insolvency proceedings outside the United States. There is often a question of how or if a U.S. court overseeing the chapter 15 proceeding will defer to a judgment or process within the foreign …

Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish

Northwestern Journal of International Law & Business

In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.