Debtor Protection in American and European Union Bankruptcy Law: A Comparative Analysis of Automatic Stay


Liakopoulos, Dimitris, Professor of International and European Union Law, Fletcher School of Law and Diplomacy, Tufts University

In Debtor Protection in American and European Union Bankruptcy Law, international law scholar Dimitris Liakopulos raises a delicate issue at the foundations of the modern banking system by analyzing US bankruptcy law with a focus on the concept of automatic stay. His work identifies legal sources and authorities having repercussions in terms of operational protection. It then examines their functional profiles, with specific regard to procedure. The book then examines criminal exposure in US bankruptcy law, paying particular attention to crime figures closer to those contained in American bankruptcy law.

The book’s third part assesses the lack of a discipline in these areas, a cumbersome gap observable at both the international and regional levels. The financial crisis of 2008 recalled the necessity and importance of a coordinated and usable crisis resolution mechanism for large financial conglomerates. The lack of discipline in the field of cross-border insolvency, and especially in the banking sector, stands out among studies and legislative instruments that have attempted to address questions of private international law, and of procedural law or of substantive law.

Law, Legal Studies, American Studies, Business Law, International Law, European Union Law, Banking Law, Bankruptcy, Automatic Stay, Insolvency Law, US Bankruptcy Code, Title 11, Cross-Border Insolvency, Banking Groups Insolvency
Release Date: 
Feb. 15, 2020
978-1680532036 Hardcover
Trim Size: 

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