2017 Chicago-Kent Law Review Live Symposium

Comparative and Cross-Border Issues in Bankruptcy and Insolvency Law

Symposium Editors

Professor Adrian Walters, IIT Chicago-Kent College of Law
Professor Christoph Henkel, Mississippi College School of Law

Chicago-Kent College of Law
565 West Adams Street
Chicago, Illinois 60661
November 29 & 30, 2017
Directions and Parking
Contact: Colin Pochie | cklawreview.me@kentlaw.iit.edu

Download the Symposium Flyer

The Symposium is free, and lunch is provided on Day 2 for attendees with advance registration. Registration has now closed. Thank you for your interest.

Schedule – Day One

11:30am	Registration	Lobby
12:45pm	Symposium Introduction	Ogilvie Auditorium
1:00pm	Panel 1: Emerging Issues in Comparative Bankruptcy Law	Ogilvie Auditorium
3:00pm	Break	Lobby
3:15pm	Panel 2: The UNCITRAL Model Law And Its Impact on The International Cross-Border Insolvency Framework	Ogilvie Auditorium
4:55pm	Closing Remarks	Ogilvie Auditorium

Panel Participants

Panel 1: Emerging Issues in Comparative Bankruptcy Law

Panel Chair
Jason Kilborn, Professor of Law, John Marshall Law School

Pablo Iannello, Professor of Law, ESEADE – UADE
Corporate and Legal Culture as Determinants of Legal Transplants in Bankruptcy Law: Some Evidence from Argentinean Bankruptcy Law

Pablo Iannello graduated from Buenos Aires University Law School. He earned an LLM in Law and Economics at Universidad Torcauto Di Tella. He chairs the economics and social science department at ESEADE – Buenos Aires. Visiting Fellow at UNIDROIT Institute – Rome. Visiting Professor at University of Dayton Law School. Professor of Law and Economics. Economic analysis of Corporate Law. Comparative Law, and Intellectual Property Law at Buenos Aires University, ESEADE, UADE and Torcuato Di Tella University.

Simin Gao, Assistant Professor, Tsinghua University School of Law
The U.S. Reorganization Regime in the Chinese Mirror: Legal Transplantation and Obstructed Efficiency

Simin Gao is an associate professor at the Law School of Tsinghua University. She received her doctorate degree in law (S.J.D.) from the University of Pennsylvania Law School and was a former Russell Ackoff Fellow (2011–2012) at Penn’s Wharton School of Business. She brings interdisciplinary perspective to a wide range of emerging issues that encompass bankruptcy law, corporation Law, financial law, law and economics, and comparative law. She has authored several publications on Bankruptcy Law, financial law, and regulation which appeared in law journals in the U.S. and EU, like American Bankruptcy Law Journal, European Business Organization Law Review, American Business Law Journal, Texas International Law Review, Banking Law Journal, Manchester Journal of International Economic Law, and International Corporate Rescue. She was the only winner majoring in social science to receive the Extraordinary Excellent Prize of Chinese Government Award for Outstanding Self-financing Student Abroad in 2012. She received the Gold Medal of International Insolvency Study by the International Insolvency Institution (2017), the Peking Excellent Junior Scholar grant (2014), and several start-up grants from National Social Science Foundation (2017), Department of Justice (2014), Department of Education (2015), and Tsinghua University (2014). She serves as the editor or peer reviewer for Chinese and U.S. leading law journals.

Stephanie Ben-Ishai, Professor of Law, Osgoode Hall Law School
Third-Party Litigation Funding in the Insolvency Context: Drawing on American Lessons

Professor Stephanie Ben-Ishai—an exceptional teacher, lawyer and internationally recognized expert on commercial law—is fourteen years into a fast-moving career. Often referred to as an “academic entrepreneur”, Professor Ben-Ishai has a high degree of business acumen that she is able to blend with her academic expertise. She is successfully able to draw on her unique blend of skills on behalf of vulnerable groups, lawyers and law reform initiatives and bring this practical experience back to the classroom. Her publications include six books and over forty refereed articles in national and international journals, as well as numerous reports commissioned by governmental and non-governmental agencies. Professor Ben-Ishai draws from her knowledge base in an efficient way that is focused on practical solutions that are useful to the wide range of actors she advises. She has produced scholarship that not only contributes to theoretical inquiry and practical solutions but also to public policy debate and law reform. The Department of Justice (Canada), Industry Canada (as it then was), and the Superintendent of Bankruptcy have repeatedly asked Stephanie to investigate issues related to debt-relief and consumer law and brought in changes in reaction to her recommendations. Every level of Canadian court has cited Professor Ben-Ishai’s research and she has been recognized as an expert by Ontario, Quebec, and American courts.

In addition to her standing as an international scholar and Visiting Professorships around the world, including most recently Berkeley Law in 2017, Professor Ben-Ishai has acquired extensive experience in university and research-related roles. These include substantial and varied senior assignments, such as academic program directorships, board memberships, committee chairing and conference organization. In particular, Stephanie has substantial experience in representing and leading the law school in related collegial settings where she is able to draw on expertise in the area of corporate governance. For example, she served on the Parkdale Community Legal Services Board of Directors for five years, as a York University Senator for three years, and has served on Management Committee and chaired every major committee at the Law School, including, Faculty Council, Priorities and Finance, and Faculty Recruitment. In recognition of her success in obtaining research funding for her own work and her leadership in the academia, Professor Ben-Ishai has been repeatedly asked to serve as an adjudicator (in both French and English) for the Social Sciences and Humanities Research Council. She has also served on and chaired external provincially mandated reviews of other Canadian law schools.

Professor Ben-Ishai is the Academic Director and Founder of the LLM in Bankruptcy and Insolvency Law, Co-Academic Director of the LLM in Banking Law and the Academic Director of the Osgoode Small Business Clinic.

Megan McDermott, Lecturer and Honorary Fellow, University of Wisconsin School of Law
Uniformity in Insolvency Systems: A Comparative Study

Megan McDermott teaches Civil Procedure, Bankruptcy, and Professional Responsibilities at University of Wisconsin School of Law, where she blends doctrinal learning with practical skills. Prior to joining the academic staff at University of Wisconsin, she litigated in a range of settings, including private practice at Covington & Burling, federal practice as an Assistant U.S. Attorney, and administrative practice at the Wisconsin Department of Children and Families. She also worked as a hearing examiner for Milwaukee County, conducting evidentiary hearings and issuing decisions in childcare certification appeals. She has published articles in the South Carolina Law Review and the California Law Review Online, and her recent work on Justice Scalia’s bankruptcy jurisprudence will be published in a forthcoming issue of the Utah Law Review.

Jason Kilborn, Professor of Law, John Marshall Law School
Determinants of Failure and Success in Personal Debt Mediation

Jason Kilborn teaches business and commercial law, including bankruptcy, and civil procedure at John Marshall Law School in Chicago. After a clerkship on the U.S. Court of Appeals for the Third Circuit and two years in practice in large New York and D.C. law firms, Professor Kilborn has spent nearly two decades in the academy exploring comparative bankruptcy law and practice around the world and over time. An elected member of the International Insolvency Institute, Professor Kilborn has written numerous articles and two books on comparative bankruptcy for individuals (including an analysis of classical Islamic law, shari’a), he co-authored a book on international cooperation in cross-border business bankruptcy, and he is a national reporter and co-editor of an Oxford University Press series of detailed comparative volumes on national insolvency practices around the world. Professor Kilborn chaired a drafting group for a World Bank project on the treatment of insolvency of natural persons, he is currently consulting with the World Bank Group on MSME insolvency, and he has advised several national governments on their development of personal insolvency laws. He has been appointed to four two-year terms as the Van der Grinten Chair in International and Comparative Insolvency Law at the Radboud University in Nijmegen, The Netherlands, as well as a one-semester term as the Robert M. Zinman Scholar in Residence at the American Bankruptcy Institute.

Ralph L. Brill Professor of Law Adrian Walters Introduces the First Panel

Lecturer and Honorary Fellow Megan McDermott

Panel 2:The UNCITRAL Model Law And Its Impact on The International Cross-Border Insolvency Framework

Panel Chair
Adrian Walters, Ralph L. Brill Professor of Law,
Chicago-Kent College of Law

Bruce A. Markell, Professor of Bankruptcy Law and Practice, Northwestern Pritzker School of Law
Infinite Jest: The Otiose Quest for Completeness in Validating Insolvency Judgments

Bruce A. Markell is the Professor of Bankruptcy Law and Practice at Northwestern Pritzker School of Law in Chicago, Illinois, USA. From 2004 to 2013, he was a United States bankruptcy judge for the District of Nevada; from 2007 to 2013 he was also a member of the Bankruptcy Appellate Panel for the Ninth Circuit.

Before taking the bench, Professor Markell practiced bankruptcy and business law in Los Angeles for ten years (where he was a partner at Sidley & Austin), and was a law professor for fourteen. After law school, he clerked for then-judge Anthony M. Kennedy on the United States Court of Appeals for the Ninth Circuit. He is the author of numerous articles on bankruptcy and commercial law, and a co-author of four law school casebooks. He contributes to Collier on Bankruptcy, and is a member of Collier’s editorial advisory board.

He is a conferee of the National Bankruptcy Conference, a fellow of the American College of Bankruptcy, a member of the International Insolvency Institute, and a member of the American Law Institute. He is a founding member of the NITA-trained faculty of the Advanced Consumer Bankruptcy Practice Institute. He has served as an adviser on bankruptcy and secured transaction reform to the Republic of Indonesia, and recently completed a project redrafting Kosovo’s bankruptcy law. He consults regularly with the International Monetary Fund on insolvency-related issues (having been part of the IMF’s missions to Ireland, Bosnia, Montenegro, Serbia, and Greece).

Andrew Dawson, Associate Professor of Law, University of Miami School of Law
Modularity in the Cross-Border Insolvency Framework

Professor Andrew B. Dawson joined the University of Miami School of Law in 2011, where he teaches Contracts, Bankruptcy, and Commercial law. His research has focused on both domestic and cross-border insolvency issues. In the field of cross-border insolvency, Professor Dawson conducted the first empirical study of the new Chapter 15 of the Bankruptcy Code in 2008. He was inducted into the International Insolvency Institute’s NextGen Leadership Program in 2014, and is a member of the Advisory Board for the Caribbean Insolvency Symposium.

Eugenio Vaccari, Ph.D. Candidate, City University of London
The Ammanati Affair: Seven Centuries Old, and not Feeling the Age

Eugenio is a Ph.D. researcher at City University London. He obtained his Bachelor Degree of Law (LL.B.) from the University of Modena and Reggio Emilia (Italy) with a final mark of 110/110 cum laude. After that, Eugenio furthered his postgraduate studies at the University of Bologna (Italy)—where he was awarded a final mark of 70/70 cum laude—and at the London School of Economics and Political Science. At the L.S.E., he obtained his LL.M. degree in Corporate and Commercial Law and a distinction mark in its final dissertation entitled “The UK and Italy: A Comparative Study on the Protection of Small Businesses Facing Debtors’ Insolvency”.

Eugenio is a qualified Italian lawyer specialized in Insolvency/Bankruptcy Law (corporate side), and Commercial Law. Before attending the Ph.D. course at City Law School, Eugenio was invited by the Temple University – Beasley School of Law (Philadelphia, U.S.A.) to carry out research on the U.S.A. bankruptcy system. As a visiting researcher, Eugenio had the possibility of shadowing judges and analysing cases both in Wilmington and Philadelphia Bankruptcy Courts.

Eugenio is an active member of several leading institutions in the field, including INSOL International, INSOL Europe and the Insolvency Lawyers’ Association (UK). Eugenio’s main research interests include EU Law, Business and Insolvency Law, Law & Economics, as well as International Commercial Arbitration, with his primary area of interest being the theoretical and conceptual underpinnings of Insolvency/Bankruptcy Law.

Adrian Walters, Ralph L. Brill Professor of Law, Chicago-Kent College of Law
Modified Universalism(s) and the Role of “Glocal” Judges in the Making of Cross-Border Insolvency Law

Professor Adrian Walters joined Chicago-Kent in 2011, where he teaches Contracts, Bankruptcy, International Bankruptcy, and Business Organizations. Born and raised in Nottingham in the United Kingdom, Professor Walters earned his bachelor’s degree from Cambridge University (1989) and a graduate diploma in law from Nottingham Trent University (1990). He practiced as a Solicitor of the Senior Courts of England and Wales between 1991 and 1994 at the law firm of Eking Manning, which later merged with Geldards LLP.

Before joining Chicago-Kent, Professor Walters was the Geldards LLP Professor of Corporate and Insolvency Law at Nottingham Law School, Nottingham Trent University (NTU). He began his academic career at NTU in 1994 as a Lecturer, becoming a Reader in Law in 2002 and a Full Professor in 2005. Alongside his academic role he also provided consultancy service to Geldards LLP between 2005 and 2011. He remains a Fractional Visiting Professor at NTU and a member of NTU’s Centre for Business and Insolvency Law, which he helped to establish.

Professor Walters has published widely in the areas of bankruptcy law and general corporate and commercial law. He is co-author of Directors’ Disqualification and Insolvency Restrictions (Sweet & Maxwell, 3d ed. 2010) (with M. Davis-White Q.C.), a leading treatise on the U.K.’s Company Directors Disqualification Act of 1986. His articles, notes and reviews have appeared in journals including American Bankruptcy Law Journal, European Company and Financial Law Review, International Insolvency Review, Journal of Corporate Law Studies, Law Quarterly Review, and Lloyd’s Maritime and Commercial Law Quarterly. He is a past general editor of the Nottingham Law Journal and is a current editor of Company Lawyer and International Insolvency Review. He blogs, primarily for a law student audience, at The Walters Way.

He is a member of the International Insolvency Institute, an honorary academic member of the U.K.’s Chancery Bar Association, and has served as an INSOL scholar at INSOL International, a global umbrella organization for national associations of accountants and lawyers focusing on bankruptcy and restructuring. He was the academic member of the U.K. Insolvency Service’s Policy Evaluation Group between 2005 and 2011.

Professor of Bankruptcy Law and Practice Bruce A. Markell

Associate Professor of Law Andrew Dawson

Ralph L. Brill Professor of Law Adrian Walters

Schedule – Day Two

8:00am	Registration & Continental Breakfast	Lobby
8:45am	Symposium Introduction	Ogilvie Auditorium
9:00am	Panel 1: The Need for Substantive Harmonization of International Insolvency Laws	Ogilvie Auditorium
10:40am	Break	Lobby
11:00am	Panel 2: Cross-Border Corporate Restructuring: Recent Developments and Future Impact	Ogilvie Auditorium
12:45pm	Lunch Break	Morris Hall
2:15pm	Post-Luncheon Address	Ogilvie Auditorium
2:50pm	Panel 3: The Role of International and Comparative Bankruptcy Law in Practice	Ogilvie Auditorium
4:10pm	Closing Remarks	Ogilvie Auditorium
4:15pm	Drinks Reception	Lobby

Panel Participants

Panel 1: The Need for Substantive Harmonization of International Insolvency Laws

Panel Chair
Christoph Henkel, Professor of Law,
Mississippi College School of Law

Aurelio Gurrea-Martínez, Fellow of the Program on Corporate Governance, Harvard Law School
The Avoidance of Pre-Bankruptcy Transactions: An Economic and Comparative Approach

Aurelio Gurrea-Martínez is a Fellow of the Program on Corporate Governance and Teaching Fellow in Capital Markets and International Financial Regulation at Harvard Law School. He studied law and business (LLB, BA, PhD) in Spain, where he is also a qualified auditor. He received a Master of Science in Law and Finance from the University of Oxford (UK) and a Master of the Science of Law from Stanford Law School (USA). He is Executive Director of the Spanish and Latin American Institute for Law and Finance and Lecturer in Comparative Business Law at the Centro de Estudios Garrigues (Spain).

Aurelio has been an advisor to the Spanish Ministry of Justice and he was proposed by the Ministry of Economy to act as a national expert for the assessment of the Spanish insolvency and secured transaction regime for the Financial Sector Assessment Program conducted by the International Monetary Fund. He was a Lecturer in Business Law at CEU San Pablo University (Spain), and he is a regular Visiting Lecturer in Comparative Corporate Law at the University of Los Andes (Colombia). He is an Academic Member of the European Corporate Governance Institute, a member of the American Law and Economics Association, and he has been a visiting researcher at several institutions around the world, including Harvard Law School, Columbia Law School, Yale Law School, University College of London, and the Max Planck Institute for Comparative and International Private Law. He is the recipient of several scholarships and awards, including the Talentia Fellowship granted by the Andalusian Government to conduct studies at the University of Oxford, the Medal of the San Raimundo de Peñafort´s Order granted by the Spanish Ministry of Justice, the Class Prize for Best Paper in Law and Economics at Stanford Law School, and the Silver Medal in International Insolvency Studies granted by the International Insolvency Institute. In 2016, he was named Rising Star of Corporate Governance by the Millstein Center of Capital Markets and Corporate Ownership of Columbia Law School. His main research interest lies in the intersection of law and finance, with particular emphasis on analysing how changes in corporate laws, insolvency laws and financial regulation may promote entrepreneurship, access to finance, and economic growth.

Alessandra Zanardo, Lecturer in Corporate and Business Law, Ca’ Foscari University of Venice
Fiduciary Duties of Directors of Insolvent Corporations: A Comparative Perspective

Alessandra Zanardo graduated LLD from the University of Trieste, g.p.a. 110/110 magna cum laude, and holds a Ph.D. in Law of Business and Commerce from Bocconi University (Milan).

She has been Adjunct Professor at the University of Verona and at Bocconi University.

From 2008 (September)–2010 (January) and in 2011 she has been Research Associate at the Law Department of the University of Verona.

She was Visiting Research Student at Queen Mary, University of London, in 2005 and Visiting Research Fellow at the Centre for Commercial Law Studies (Queen Mary, University of London) in 2009; Visiting Scholar at Université Paris-Dauphine, Centre de recherche Droit Dauphine in 2016 and Visiting Scholar at Chicago-Kent College of Law (Illinois Institute of Technology) in 2017.

Since December 2012 she is Lecturer in Corporate and Business Law at Ca’ Foscari University of Venice (tenure-track position) where she teaches Business Law, Industrial Property Law, European and International Law of Intellectual Property.

She has published many articles, book’s chapters and papers in different languages (Italian, English and French) on various issues of Company Law, Bankruptcy Law, Intellectual Property Law, and Securities Regulation and a book on directors’ duty of care.

She is currently writing a book on claims against erring directors in insolvency proceedings. She has also attended and presented papers in national and international conferences, seminars and workshops. She is a member of the Verona Bar Association.

Laura Coordes, Associate Professor of Law, Arizona State University – Sandra Day O’Connor College of Law
When Borders Dissolve

Laura Coordes is an Associate Professor of Law at Arizona State University’s Sandra Day O’Connor College of Law. Her research interests include corporate reorganizations, venue transfer and forum shopping issues, and municipal bankruptcies, and her teaching interests include bankruptcy law, secured transactions, and contracts.

Professor Coordes received her J.D. with honors from The University of Chicago Law School, where she was a Bradley Fellow and served on the University of Chicago Law Review. She completed a legal fellowship at the Student Press Law Center after receiving her degree. Before coming to ASU, Professor Coordes practiced in the Business, Finance and Restructuring Department at Weil, Gotshal & Manges in New York.

Christoph Henkel, Professor of Law, Mississippi College School of Law
Resolution and Liquidation of Central Counterparties: The Role of Intermediation

Professor Henkel teaches and writes in the areas of contracts, business, banking, bankruptcy and commercial law. Specifically, Professor Henkel’s research focuses on banking regulation, financial compliance and complex and derivative financial instruments. Examples include futures, forwards, options, swaps and repurchase agreements. Professor Henkel’s other research interests include the integration of blockchains and use of distributed ledgers to track and settle digital and mainstream financial assets in a cryptographically secure environment, where counterparty risk is minimized and settlement times are reduced from T+3 to same day.

Professor Henkel has expertise in the default management, recovery and continuity of clearinghouses in global derivative markets and in bank restructuring and reorganization in the U.S. and Europe. Professor Henkel is also an expert in the Law of the European Union.

Professor Henkel joined Mississippi College School of Law in 2009 and is the Co-Director of the International and Comparative Law Center. Professor Henkel has also taught as a Visiting and Adjunct Professor at Chicago-Kent College of Law in Chicago, John Marshall Law School in Chicago, University of Indiana School of Law in Indianapolis, and Concordia International University Law School in Tallinn, Estonia.

Professor Henkel is a Member of the Michigan Bar and holds an S.J.D. and LL.M. degree from the University of Wisconsin Law School. He earned a J.D. equivalent degree at the Justus-Liebig-University in Giessen, Germany, and has practiced law in Europe and the United States.

Fellow of the Program on Corporate Governance Aurelio Gurrea-Martínez

Lecturer in Corporate and Business Law Alessandra Zanardo

Associate Professor of Law Laura Coordes

Panel 2: Cross-Border Corporate Restructuring: Recent Developments and Future Impact

Panel Chair
Adrian Walters, Ralph L. Brill Professor of Law,
Chicago-Kent College of Law

Susan Block-Lieb, Cooper Family Professor of Law, Fordham University School of Law
Reaching to Restructure Across Borders (Without Over Reaching), Even After Brexit

Susan Block-Lieb is Professor at Fordham Law School, where she holds the Cooper Family Chair in Urban Legal Studies. She specializes in personal bankruptcy, corporate reorganization and financial restructuring, secured transactions and commercial laws more generally, including international and transnational law and lawmaking in this context. She has written extensively on unification, harmonization and modernization of international private law by international organizations, on global governance by the G20, IMF, World Bank and UN, on sovereign debt restructuring and more generally on transnational legal orders. Together with Terence C. Halliday, she is author of Global Lawmakers: International Organizations in the Crafting of World Markets (Cambridge Univ. Press 2017), an intensive study of global lawmaking by the UN Commission on International Trade Law (UNCITRAL). She has consulted for the International Monetary Fund, served as a reporter and observer at World Bank task forces on insolvency and secured transactions law reform initiatives, and has been a delegate from the American Bar Association to UNCITRAL’s Insolvency Working Group for more than 15 years.

Sarah Paterson, Associate Professor of Law, London School of Economics & Political Science
Institutional Evolution, Chapter 11 and the Draft EU Directive on Preventative Restructuring Frameworks

Sarah Paterson is an Associate Professor of Law at the London School of Economics and Political Science where she teaches and researches corporate insolvency and restructuring law. Before joining the LSE, Sarah was a partner in the Restructuring and Insolvency Group of Slaughter and May, with whom she retains a senior consultancy. She has written widely on the topic of comparative US and UK corporate bankruptcy and debt restructuring, including on bargaining in the shadow of restructuring law, the implications of increasing access to the US high yield market by UK issuers for debt restructuring, the implications of changes in the finance market in the UK and the US for debt restructuring theory and how fairness is assessed in large, small and finance company restructurings in both jurisdictions. She also co-authors the comparative US and UK corporate section of Debt Restructuring, published by OUP, with Alan Kornberg and edits McKnight, Paterson and Zakrzewski on the Law of International Finance (also published by OUP) with Rafal Zakrzewski. Recent work focuses on the ways in which the evolution of secured transactions law in the UK and the US has influenced distributional priority in corporate bankruptcy. Sarah is a member of the Council of the Insolvency Lawyers’ Association, the technical committee of the Insolvency Lawyers’ Association, Chair of the Insolvency Lawyers’ Association Insolvency & Restructuring Scholarship Committee and a member of the General Technical Committee of R3.

Dr. Jennifer L. L. Gant, Senior Lecturer in Law, Nottingham Law School
A Path Dependent Forecast of the Future of Social Policy and the Rescue Culture in Post-Brexit Britain

Jennifer is a lecturer in contract and commercial law, non-practicing employment solicitor and holds an MBA and an LLM in Insolvency and Employment Law as well as qualifications in French and Italian. She is the Chair of the Younger Academics Network of Insolvency Law and editor of the INSOL Europe Academic Forum’s conference paper series. She completed her PhD in 2016 under the supervision of Professors David Burdette and Paul Omar, the focus of which was on business transfers occurring out of corporate rescue procedures and the application of the Acquired Rights Directive in the United Kingdom and France. Her research interests include insolvency and corporate rescue, social policy, employment and labour law, legal history, legal theory and jurisprudence, and contract and commercial law.

Jennifer has presented papers at numerous conferences, including previous INSOL Europe and INSOL International Academics meetings, the Society of Legal Scholars, the Socio-Legal Studies Association Conferences, and the Young Academics Committee Annual Conference of the American Society of Comparative Law.

Associate Professor of Law Sarah Paterson

Senior Lecturer in Law Dr. Jennifer L. L. Gant

Post-Luncheon Address

Speaker

Jay L. Westbrook, Benno C. Schmidt Chair of Business Law, University of Texas School of Law

Professor Westbrook is the Benno C. Schmidt Chair of Business Law at the University of Texas School of Law. He was previously a partner in Surrey & Morse (now part of Jones, Day) in Washington, D.C. He is best known internationally for his work in international and comparative insolvency law, starting with his 1991 article Theory and Pragmatism in In Global Insolvencies: Choice Of Law And Choice Of Forum. In addition to many articles, he is co-author of several books, including A Global View of Business Insolvency Systems (Martinus Nijhoff 2010) and The Law of Debtors and Creditors (Aspen, 7th ed. 2014). He has been Visiting Professor at Harvard Law School and the University of London, and is a member of the American Law Institute, the National Bankruptcy Conference, and the American College of Bankruptcy. He serves as a consultant to the International Monetary Fund and the World Bank. He was the United States Reporter for the ALI’s Transnational Insolvency Project and co-head of the United States delegation to the UNCITRAL conference that produced the Model Law on Cross-Border Insolvency. He is Director Emeritus of the International Insolvency Institute and a director and former President of the International Academy of Commercial and Consumer Law.

Address by Benno C. Schmidt Chair of Business Law Jay L. Westbrook

Panel 3:The Role of International and Comparative Bankruptcy Law in Practice

Panel Chair

Hon. Timothy A. Barnes, United States Bankruptcy Court for the Northern District of Illinois

Timothy A. Barnes is a United States Bankruptcy Judge for the Northern District of Illinois in Chicago. Judge Barnes presently teaches as an adjunct professor of law at the IIT Chicago-Kent School of Law (international insolvency) and Chicago’s John Marshall Law School (secured transactions). He has previously taught at the DePaul University College of Law, the University of Dayton School of Law, and The Ohio State University. Judge Barnes has co-lectured on the topic of English insolvency law for the International Bankruptcy course for St. John’s University School of Law.

Prior to taking the bench, Judge Barnes was a partner in the international law firm of Curtis, Mallet-Prevost, Colt & Mosle practicing in its New York and London offices, where he practiced corporate restructuring, bankruptcy, and insolvency law in large and complex matters. He began his career as a law clerk to Hon. William A. Clark, Chief United States Bankruptcy Judge for the Southern District of Ohio (ret.), and was thereafter an associate at Skadden, Arps, Slate, Meagher & Flom and Latham & Watkins.

Judge Barnes is a licensed attorney in Illinois, New York, and Ohio, and is a licensed solicitor in England and Wales. He is a Fellow of INSOL International, graduating (with honors) from the Global Insolvency Practice Course in 2011, and serves on several INSOL committees. He is also a member of the International Insolvency Institute and has previously served as co-editor of the American Bankruptcy Institute’s International Insolvency newsletter and chair of the National Conference of Bankruptcy Judges’ International Judicial Relations Committee. Judge Barnes received his master’s and law degrees from The Ohio State University and is presently pursuing a Ph.D. from the Faculty of Law at Radboud University Nijmegen, The Netherlands.

Speakers

Daniel M. Glosband, Of Counsel, Goodwin Procter LLP

Dan Glosband retired as an equity partner in Goodwin Procter LLP and is currently Of Counsel. He is a founder and principal of CBInsolvency LLC, which provides expert opinion, consulting, and mediation services in cross-border insolvency matters. His entire career, beginning in 1969, has focused on sophisticated corporate insolvency matters and included the study and reform of international insolvency law.

He first worked on a significant cross-border case in 1983 and has since represented foreign representatives, debtors and counterparties in connection with cross-border insolvency matters; has provided expert testimony to courts in Bermuda, Hong Kong, England and Canada; and has served in leadership, scholarly and legislative development activities including as: an adviser to the American Law Institute’s Transnational Insolvency Project; a founding member of the International Insolvency Institute; head delegate of the International Bar Association to the Working Group on Insolvency Law that produced the UNCITRAL Model Law on Cross-Border Insolvency; head delegate of International Bar Association to the Working Group that produced the UNCITRAL Legislative Guide on Insolvency Law; advisor to the United States Department of State, Office of Legal Advisor, throughout the two UNCITRAL projects and on the drafting of Chapter 15 of the Bankruptcy Code; lead draftsman (with Professor Jay Westbrook of the University of Texas Law School) of the United States adaptation of the UNCITRAL Model Law, Chapter 15 of the United States Bankruptcy Code, Cross-Border and Other Ancillary Cases; conferee of the National Bankruptcy Conference and Chair of the Committee on International Aspects (the Conference is a voluntary, non-profit, self-supporting organization of about sixty-five lawyers, law professors and bankruptcy judges who have achieved scholarly distinction in the field of bankruptcy law whose purpose is to study the operation of bankruptcy and related laws and proposals for their reform; the Committee on International Aspects consults with Congressional staff on issues pertaining to cross-border insolvency and proposes amendments to Chapter 15); faculty member for Chapter 15 portion of International Insolvency Course at several law schools; and author of Chapter 15 portions of Collier on Bankruptcy (16th Edition), Collier International Business Insolvency Guide, and Collier Bankruptcy Practice Guide.

Richard Mason, Partner, McGuireWoods LLP – Chicago

Richard J. Mason is a Chicago-based partner with the international law firm of McGuireWoods L.L.P. The focus of his practice is on business insolvency and commercial litigation. He is a member of the American College of Bankruptcy and the International Insolvency Institute, invitation-only organizations. He has served as an adjunct professor of bankruptcy law every year since 1983 at Chicago-Kent Law School and has taught courses on bankruptcy, business reorganizations, and cross-border insolvency. He has worked on various UNCITRAL projects and currently serves as co-chair of the Insolvency Section of the International Bar Association and Chair of the Education Committee of the American College. He is recognized in Best Lawyers In America and Superlawyers. He has spoken and written frequently on business insolvency topics. His most recent published articles include “Repatriating Proceeds of a U.S. Avoidance Action to a Foreign Main Proceeding: Does Chapter 15 Authorize Structured Dismissals?” 25 Norton Journal of Bankruptcy Law and Practice (Vol. 5 2016) and “When do the Creditors’ Shoes Fit?: A Bankruptcy Estate’s Power to Assert the Rights’ of a Hypothetical Judgment Creditors”, 91 American Bankruptcy Law Journal (Issue 3 2017).