International Comparative Insolvency Symposium

International Comparative Insolvency Symposium

University of Miami School of Law and the University of Miami International and Comparative Law Review are pleased to announce the Second International Comparative Insolvency Symposium

Join us to discuss global and domestic insolvency law topics as we seek to advance the dialogue on these topics between academics, the practicing bar and bankruptcy bench.

In conjunction with Professor Andrew Dawson of the University of Miami Law School, Professor Laura Napoli Coordes of the Arizona State University Sandra Day O’Connor College of Law, Professor Adrian Walters of IIT Chicago-Kent College of Law, and Professor Christoph Henkel of the Mississippi College School of Law, the members of the University of Miami Law School International and Comparative Law Review, are organizing the symposium and look forward to contributions from academics of all levels, fellows, and graduate students


Thursday & Friday, November 14 - 15, 2019
Donna E. Shalala Student Conference Center (SCC)
1330 Miller Drive
Coral Gables, Florida 33146
Time: 8am - 5pm 

 Symposium Topics

The Symposium will focus on comparative and cross-border issues in bankruptcy and insolvency law in its broadest sense. This includes both, consumer and corporate bankruptcy and insolvency topics. following topics and themes will be included in the program:

  • Current issues of bankruptcy and insolvency law in a global context
  • Harmonizing cross-border bankruptcy, insolvency and restructuring law
  • Issues related to Puerto Rico’s bankruptcy filing under PROMESA
  • Regional developments in the Americas, Africa or Europe; the continuing impact of the sovereign debt crisis or BREXIT
  • Topics discussed and examined by UNCITRAL Working Group V
  • Communication and cooperation between courts in international insolvency cases
  • Treatment of small and medium sized enterprises in bankruptcy
  • Personal and consumer bankruptcy and insolvency
  • Insolvency of financial institutions, such as SMEs or GSIFIS
  • Treatment of Initial Coin Offerings and Crypto Currencies in bankruptcy
  • Use of technology in insolvency practice, including the impact of Blockchain and Artificial Intelligence
  • Insolvency and bankruptcy law reforms
  • Hot topics and works-in-progress

 SCHEDULE: Thursday, November 14, 2019

8:30 am – 9:35 am Opening Remarks & Welcome

9:45 am – 10:50 am Emerging Frameworks

Christopher Bradley (University of Kentucky), Cross-Border Insolvency and Transactions in Consumer Information: An Emerging Asset Class and Uncertainties of Current Law
Stephanie Ben-Ishai (Osgoode Hall, Canada), Comparative assessment of insolvency options for improving retirement security
Dennis Cardinaels (University of Leeds, UK), Differentiation between factions of unsecured creditors
Laura Coordes (Arizona State), The Promesa Paradox
Melissa Vanmeenen & Inge Van de Plas (University of Antwerp), Comparative paper on treatment of ROT in insolvency

10:50 am – 11:10 am Break

11:10a m – 12:15 pm Corporate Rescue

Sarah Paterson (London School of Economics, UK), Blurring the Boundaries Between Rescuing the Company and Rescuing the Business
Sofia Ellina, Lancaster University (Lancaster University, UK) US-UK comparative corporate rescue
Aurelio Gurrea-Martinez (Singapore Management University), Future of Reorganization Procedures in the Era of Pre-Insolvency Law
Joke Baeck (University of Ghent, Belgium), Bankruptcy what’s left for creditors – Belgian perspective

12:15 pm – 1:15 pm Lunch

1:20 pm – 2:05 pm Walking tour, coffee on campus

2:10 pm – 3:30 pm Cross – Border Insolvency

Ted Janger (Brooklyn) & Stephan Madaus (Martin Luther University of Halle-Wittenberg, Germany), Value Tracing in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up
Drew Dawson, Cross-Border Insolvency and International Arbitration
Gerald McCormack (University of Leeds), Breaking up is hard to do – what Brexit means for UK Insolvency and Restructuring Law

3:30 pm – 3:45 pm Break

3:45 pm – 5:20 pm International & Comparative Corporate Rescue: Brazil

Ana Elisa Laquimia de Souza (University of Sao Paulo, Brazil), Backstop commitment in Brazilian Bankruptcy Law
Gustavo Lacerda Franco (University of Sao Paulo, Brazil), Brazilian approaches to judicial reorganization
Cassio Cavalli (Professor, FGV Law School), Priority Rules in Reorganization Proceedings and the Reforming Works of Brazilian Bankruptcy Act
Natalia Yazbek Orsova, (FGV Law School), Safe-harbor Provisions for Super-Secured Claims in Judicial Reorganization Proceedings
Sheila Neder Cerezetti (Professor, University of Sao Paulo), Corporate Groups in Bankruptcy – the Brazilian experience

5:30 pm Dinner at the Neman Alumni Center

John Pottow, UNCITRAL Model Law on Enterprise Groups
Susana Hidvegi
Bruce Markell

 SCHEDULE: Friday, November 15, 2019

8:30 am – 9:35 am Fintech & Insolvency

Christoph Henkel (Mississippi College School of Law), Impact of Technology (AI/blockchain) on Insolvency Law and Practice
Renato Mangano (University of Palermo, Italy), Cryptocurrencies, cybersecurity and insolvency law
Megan McDermott, (University of Wisconsin), The Crypto Quandary

9:45 am – 10:50 am Pre-Insolvency Proceedings

Adrian Walters (Chicago-Kent, with Irit Mevorach, University of Nottingham), Pre-insolvency procedures in private international law
Stephen Lubben (Seton Hall), Chapter 11 in a pre-insolvency world
Olha Stakheyeva-Bogovyk (Hilmont Partners) & Michael Veder (Radboud University), Preventive Restructuring with the Bankruptcy Law Reform in Ukraine

10:50 am – 11:10 am Break

11:10 am – 12:15 pm Focus on SMEs

Alessandra Zanardo (Ca’Foscari University, Italy), Impact of Italian Business Distress Code on Bus Org Structures with reference to MSMEs
Chris Umfreville (Aston University, UK), Fanning the flames or dousing the ashes – development of approach to phoenix activity in UK
Bashar Malkawi (University of Sharjah, UAE), Treatment of Small and Medium Sized Companies in the UAE Bankruptcy Code
Bruce Markell (Northwestern), Territorialism’s Pull in a Universalist World

12:15 pm – 1:15 pm Lunch

1:20 pm – 2:05 pm Keynote Speaker: David Skeel

2:10 pm – 3:30 pm Financial Contracts

Lidija Simunovic (Osijek University Croatia), Insolvency set off – what the EU can learn from the US
Eugenio Vaccari (University of Essex, UK), Ipso facto clauses in Anglo-American law
Tuomas Hupli (Professor of Procedural Law, University of Turku, Finland), Safe Harbors of Choice of Law EU Reg with ref to Nordic countries

3:30 pm – 3:45 pm Break

3:45 pm – 5:20 pm International & Comparative Corporate Rescue: Asia

Jason Kilborn (John Marshall Law School), New Russian personal bankruptcy law
Akshaya Kamalnath (Auckland University of Technology, New Zealand), The Indian Insolvency and Bankruptcy Code – Does it set the right incentive structures for corporate insolvency resolution
Zhang Zinian (University of Leeds, UK), The Corporate Bankruptcy Substitute in China – Is Fair Distribution in Judgment Executions Effective in Filling the Gap
Yanil Zhang & Ruowei Du (Law School, Beijing Inst of Tech, PRC), Cram down in Chinese Reorg Law

5:30 pm Reception

 

CLE

12.0 Florida CLE credits pending approval.
 

Hotels

Please CLICK HERE to view our hotel partners.
 

Sponsorship Opportunities

Sponsorship opportunities for the Second International and Comparative Insolvency Law Symposium are available. Please download and complete the sponsorship form to indicate your support.

 

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In partnership with:
 

Miami Law International & Comparative Law Review

 

 

We are grateful to our sponsors:
 

Markowitz, Ringel, Trust, Hartog