International Comparative Insolvency Symposium

International Comparative Insolvency Symposium

The University of Miami School of Law and the University of Miami International and Comparative Law Review held the Second International Comparative Insolvency Symposium on Thursday & Friday, November 14 - 15, 2019 to discuss global and domestic insolvency law topics 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 Christopher Henkel of the Mississippi College School of Law, the members of the University of Miami Law School International and Comparative Law Review, organized the symposium.


 SCHEDULE: Thursday, November 14, 2019


8:00 am – 8:30 am Registration & Check-In

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

Caroline Bradley, Professor of Law & Dean's Distinguished Scholar
Drew Dawson, Professor of Law and Vice Dean for Academic Affairs

9:45 am – 10:50 am Emerging Frameworks

Stephanie Ben-Ishai (Osgoode Hall, Canada), Comparative Assessment of Insolvency Options for Improving Retirement Security
Christopher Bradley (University of Kentucky School of Law), Cross-Border Insolvency and Transactions in Consumer Information: An Emerging Asset Class and Uncertainties of Current Law
Dennis Cardinaels (University of Leeds, UK), Differentiation Between Factions of Unsecured Creditors
Laura Coordes (Arizona State University, Sandra Day O’Connor College of Law), Bespoke Bankruptcy
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

Joke Baeck (University of Ghent, Belgium), Bankruptcy What’s Left for Creditors? Belgian Perspective
Sofia Ellina, (Lancaster University, UK) US-UK Comparative Corporate Rescue
Aurelio Gurrea-Martinez (Singapore Management University), The Low Usage of Bankruptcy Procedure: A Cultural Problem? Lessons from Spain
Sarah Paterson (London School of Economics, UK), Blurring the Boundaries Between Rescuing the Company and Rescuing the Business

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

Moderator: Paul Keenan, Jr. (Shareholder, Greenberg Traurig, P.A.)
Drew Dawson, (University of Miami School of Law) Cross-Border Insolvency and International Arbitration
Dr. Orhan Emre Konuralp (Swiss Institute of Comparative Law and Bilkent University), EU Regulation on Insolvency Proceedings and its Scope of Applicability from the Perspective of Turkey
Ted Janger (Brooklyn Law School) & Stephan Madaus (Martin Luther University of Halle-Wittenberg, Germany), Value Tracing in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up
Gerard 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

Moderator: Nyana Miller (Sequor Law)
Cassio Cavalli (Professor, FGV Law School), Priority Rules in Reorganization Proceedings and the Reforming Works of Brazilian Bankruptcy Act
Gustavo Lacerda Franco (University of Sao Paulo, Brazil), The Management of the Company Under Judicial Reorganization: Has Brazil
Adopted the Debtor in Possession Approach?

Ana Elisa Laquimia de Souza (University of Sao Paulo, Brazil), Backstop Commitment in Brazilian Bankruptcy Law
Sheila Neder Cerezetti (Professor, University of Sao Paulo, Brazil), Corporate Groups in Bankruptcy – the Brazilian Experience
Natalia Yazbek Orsova, (FGV Law School), Safe-harbor Provisions for Super-Secured Claims in Judicial Reorganization Proceedings

 SCHEDULE: Friday, November 15, 2019

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

Christopher 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 Law School), The Crypto Quandary

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

Olha Stakheyeva-Bogovyk (Hillmont Partners) & Michael Veder (Radboud University), Preventive Restructuring with the Bankruptcy Law Reform in Ukraine
Stephen Lubben (Seton Hall Law), Chapter 11 in a Pre-insolvency World
Adrian Walters (Chicago-Kent College of Law) and Irit Mevorach (University of Nottingham), Pre-insolvency Procedures in Private International Law

10:50 am – 11:10 am Break

11:10 am – 12:15 pm Focus on SMEs

Bashar Malkawi (University of Sharjah, UAE), Treatment of Small and Medium-Sized Companies in the UAE Bankruptcy Code
Bruce Markell (Northwestern University Pritzker School of Law), Small Business and Bankruptcy: The Kosovo Experiment
Chris Umfreville (Aston University, UK), Fanning the Flames or Dousing the Ashes – Development of Approach to Phoenix Activity in UK
Alessandra Zanardo (Ca’Foscari University, Italy), Impact of Italian Business Distress Code on Business Organizations Structures with Reference to MSMEs

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

Tuomas Hupli (Professor of Procedural Law, University of Turku, Finland), Safe Harbors of Choice of Law EU Reg with Ref to Nordic Countries
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

3:30 pm – 3:45 pm Break

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

Ruowei Du (Beijing Institute of Technology, Beijing 100081), Problems and Solutions: Cram-down on Bankruptcy Reorganization Plan by
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?
Jason Kilborn (John Marshall Law School), New Russian Personal Bankruptcy Law
Chinese Courts
Zinian Zhang (University of Leeds, UK), The Corporate Bankruptcy Substitute in China – Is Fair Distribution in Judgment Executions Effective in Filling the Gap?

5:30 pm Reception



12.0 Florida CLE credits 



Sponsors: Greenber Traurig (premier), International Insolvency Institute, MRTH, Patricia A. Redmond, Esq., Sequor Law. In Partnership with Miami Law International and Comparative Law Reivew