2.3.1. Unity of Insolvency Forum
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With respect to deployment, unity of forum will ensure that the entire estate is kept
intact and under the control of a single court. Moreover, it will generally be possible
to avoid unnecessary duplication ot administrative c o s t s . 1 : The most significant concerns
raised by unity of forum relate to distribution. The concentration of the
Since the collective regime remains incomplete, strategic and destructive behaviour
on the part of individual creditors (or the debtor) remains possible with regard to
assets located in other jurisdictions beyond the collective regime. Creditors have the
incentive and opportunity to grab as many of the assets as they can, as quickly as possible.
The resulting piece-meal dismemberment of the estate is likely to destroy value
that would have been available had the estate been administered in an orderly
fashion. " The principle of territoriality also frustrates insolvency law's aim of equitable
distribution. As assets outside the jurisdiction of the insolvency forum are not affected,
creditors are free to seek recourse to these assets on an individual basis. Creditors with
a positional advantage, either in terms of information or resources, will benefit the
most from this situation. i : ,s