Thinking Globally On Legal Issues Affecting Those Facing Insolvency

A few years ago, I met Roberta Rhigi, an Italian lawyer living for a short time in the United States.  We struck up a friendship, and through that friendship I was able to learn about the practice of law in Italy.  I even had the pleasure of visiting an Italian court during one of Roberta’s appearances when my family visited Roberta and her husband Roberto in Modena.  The practice of law is different in many regards in Italy – one of which is that in the United States the price of legal services is astoundingly high by comparison.  The way I see it, high legal fees severely restrict access to justice, and keeping hourly rates low through reduced overhead is a key component of The Winters Law Group concept.

EXECUTORY CONTRACTS IN INSOLVENCY LAW

One of the most exciting projects I’ve had the pleasure of working on with Roberta is a chapter in a book titled Executory Contracts in Insolvency Law, which has just been published in print and electronic form.  Roberta and I researched and wrote a Chapter addressing the treatment of executory contracts in insolvency under U.S. law, which has been compiled with chapters written by other attorneys from all over the world who cover the same issue under the laws of 30 different countries, including Brazil, Turkey, Bulgaria, New Zealand, Argentina, Albania, China, and Croatia.  It was an honor to be a part of this project.

Executory Contracts in Insolvency Law offers a transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. The project represents a truly interesting investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe, including those that draw on not only so-called common and civil law systems, but also countries with hybrid systems of law. The book explores ipso facto clauses, improvements that could be made, as well as casting light on procedural and tactical issues and considerations when attempting to address executory contracts in the different jurisdictions.

It is hoped that the book will be a valuable tool for legal practitioners requiring a cross border perspective on the subject, as well as for academics and researchers pursuing a study of the topic.  It is also hoped that it will benefit policy makers and institutions seeking to introduce insolvency law reforms in their home countries.

Find the Book Here: https://www.e-elgar.com/shop/a-treatment-of-executory-contracts-in-insolvency-law.

• Jessica Winters, Managing Member

This post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from The Winters Law Group LLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.