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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

27 JAN 2012

INSOL International Academics' Group Newsletter, January 2012 and the Miami Conference Programme

UCL's Professor Ian Fletcher has published the latest INSOL International Academic' Group Newsletter. The document contains details of the forthcoming INSOL conference in Miami. The papers look extremely interesting. Here are the details: 

"The draft programme, listing the speakers and titles of the papers already offered and accepted, is set out below. It is still possible to include some additional papers to complete our 2-day agenda, and I hereby issue a Second Call for Papers to those members who would like to offer a paper but have not yet done so. Please contact me as soon as possible so that we can finalise the programme and also complete the administrative arrangements for Miami. May I remind members that the list of topics previously proposed for special attention in the programme is as follows:

• The tension between integrity of process and maximization of value in asset realisations (e.g.“stalking horse” arrangements; pre-packaged administrations)

• The revision of the European Insolvency Regulation

• International Insolvency Developments

• Special focus on Latin-American insolvency issues

• “Chapter 11 – Magnificent Obsession or Fatal Attraction?”

• Consumer bankruptcy, (including reflections on the 2nd edition of the INSOL Consumer Debt Report, and on the problems relating to repayment plans)

• Insolvency issues encountered in developing jurisdictions. Problems experienced by SME’s. The role of the international organizations (ADB; EBRD, OHADA, etc)

However, in addition to the above topics, members are welcome to submit proposals for papers which they would be prepared to present, if their topic is adopted. All proposals should be sent to i.f.fletcher@ucl.ac.uk and should bear the subject title “Miami Colloquium 2012”.


Provisional Programme

The speakers and paper titles already accepted for the Miami programme are as follows. Please note that while some of the topics listed above are already reflected in the papers to be delivered, this does not preclude the offering of additional papers in that subject area. It is quite customary for there to be two or more papers on the same theme, which can usually be timetabled for delivery during the same session. The speakers will be able to contact each other ahead of the colloquium to coordinate their presentations and also to avoid unnecessary duplication.

The tension between integrity of process and maximization of value in asset

realisations (e.g. “stalking horse” arrangements; pre-packaged administrations)

Lucas Kortmann and Professor Michael Veder (Resor NV, Amsterdam, The Netherlands):

Restructuring Foreign Entities through English Schemes of Arrangement.

Mark Wellard (Queensland University of Technology) and Dr. Peter Walton (Wolverhampton

University): A Comparative Analysis of Anglo-Australian Pre-packs: Can the Means be Made to

Justify the Ends?

Professor Jassmine Girgis (University of Calgary): The CCAA: Public Interest Issues.

Professor Adrian Walters (Chicago-Kent College of Law, IIT) and Professor Jason Kilborn (John

Marshall Law School, Chicago): Involuntary Bankruptcy as Debt Collection: Some Thoughts on an

Anglo-American Puzzle.


• Consumer bankruptcy, (including reflections on the 2nd edition of the INSOL

Consumer Debt Report, and on the problems relating to repayment plans)

Professor Andre Boraine (University of Pretoria): Repayment Plans

Micheline Gleixner (University of Moncton) and Michael Bray: Differing Climates of Consumer

Bankruptcy: A Question of Latitude?

Professor Lienne Steyn (University of Kwazulu-Natal, Durban): Home Sweet Home in Insolvency:

A Foretaste for South Africa? (And a Smorgasbord of International Tidbits).


• Special focus on Latin-American insolvency issues

Professor Francisco Reyes (Bogota, Colombia): The Administrative Bankruptcy Courts in


Professor Sergio Muro (Universidad Torcuato di Tella, Argentina): Report on Argentinian

Insolvency Developments.


• International Insolvency Developments

Professor Gerry McCormack (University of Leeds): Conflicts and Avoidance in International


Professor Ian Fletcher (University College London): The ALI-III Global Insolvency Principles

Project: Report on the Final Report.


• Joint Session with the INSOL Global Insolvency Practice Programme

(Scheduled for Sunday afternoon)

Stephen Packman (Archer & Greiner, New Jersey, USA): The Revenue Rule and the Recognition

of Tax Claims.

Jeffrey Oliver (Gowlings LLP, Calgary, Canada) and Tim Barnes (Curtis, Mallet-Prevost, Colt &

Mosle LLP, USA): The Tension between Integrity of Process and Value Maximisation – A

Comparative Critique.

Timothy LeCornu (KRyS Global, Cayman Islands): Insolvency Issues in Developing Jurisdictions:

The Case of the P.R.C.

Stewart Maiden (Barrister, Melbourne, Australia) and Lee Pascoe (Norton Rose, Australia): The

Importance of COMI in Transaction Planning.

Nicolaes Tollenaar (Resor NV, Amsterdam, The Netherlands): Comparative Assessment of

Business Sales: USA/UK/The Netherlands.

Registering for the Miami Colloquium and Conference

All those who are planning to attend the Miami colloquium (including those listed above as speakers

on the programme) should register online at https://insol.org/conference-registration/13/insolmiami/

miami-florida-usa you can also register to attend the conference using this link. If you have any

questions concerning the colloquium please contact Tina McGorman by email at


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