Vol. 93, Issue 3

Comparative and Cross-Border Issues in Bankruptcy and Insolvency Law

Adrian Walters
IIT Chicago-Kent College of Law

Christoph Henkel
Mississippi College School of Law

Table of Contents
Live Symposium


A Canadian Lens on Third Party Litigation Funding in the American Bankruptcy Context
Stephanie Ben-Ishai, Osgoode Hall Law School
Emily UzaDavies Ward Phillips & Vineberg LLP
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 631 (2018)
Abstract: This Article offers two major recommendations to expand the use of third party litigation funding (“TPLF”) into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. Continue—>

When Borders Dissolve
Laura N. Coordes, Sandra Day O’Connor College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 649 (2018)
Abstract: Scholars have long sought to apply principles from U.S. bankruptcy law to sovereign debt restructurings. Chapter 9 of the U.S. Bankruptcy Code, used to adjust the debts of municipalities, has been a particular source of inspiration, and several proposals currently exist to adapt chapter 9 to address the challenges of sovereign debt restructuring. Continue—>

Modularity in Cross-Border Insolvency
Andrew B. Dawson, University of Miami School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 677 (2018)
Abstract: This Article proposes a framework for thinking about the design structure of the Model Law on Cross-Border Insolvency. The Model Law has been successful by many metrics; however, it has faced various implementation challenges. Continue—>

The Avoidance of Pre-Bankruptcy Transactions: An Economics and Comparative Approach
Aurelio Gurrea-Martínez, Singapore Management University
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 711 (2018)
Abstract: Most insolvency jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. These mechanisms, generally known as claw-back actions or avoidance provisions, may fulfill several economic goals.

Infinite Jest: The Otiose Quest for Completeness in Validating Insolvency Judgments
Bruce A. Markell, Northwestern Pritzker School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 751 (2018)
Abstract: Universalism in cross-border bankruptcies strives to reduce waste, and harmonize restructuring and recoveries. Universalism’s avatar is UNCITRAL’s 1997 Model Law on Cross-Border Insolvencies (Model Law). Continue—>

Layering, Conversion, and Drifting: A Comparative Analysis of Path Dependent Change in Consumer Insolvency Systems
Megan McDermott, University of Wisconsin School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 765 (2018)
Abstract: The past twenty-five years have been marked by major developments in consumer insolvency systems around the world. The threshold challenge for comparative scholars is to keep up with the changes occurring in individual countries, as a necessary—but preliminary—step toward broader comparisons of the historical, social, and institutional forces in consumer bankruptcy. Continue—>

Market Organisations and Institutions in America and England: Variation in Corporate Bankruptcy
Sarah Paterson, London School of Economics & Political Science
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 801 (2018)
Abstract: Courts in England and the United States have traditionally adopted different approaches to the question of valuation in debt restructuring cases. In England, courts have tended to determine whether to approve the allocation of equity in a debt restructuring by reference to the amounts creditors would have received if no debt restructuring had been agreed. Continue—>

The Ammanati Affair: Seven Centuries Old, and Not Feeling the Age
Eugenio Vaccari, City University of London
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 831 (2018)
Abstract: The enactments of the UNCITRAL Model Law on Cross-Border Insolvency and the European Regulations on insolvency proceedings have promoted an incremental approach towards substantive harmonization. This strategy has not remained unquestioned. Continue—>

Fiduciary Duties of Directors of Insolvent Corporations: A Comparative Perspective
Alessandra Zanardo, Ca’ Foscari University of Venice
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 867 (2018)
Abstract: Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduciary duties when a corporation is insolvent or in the amorphous “zone of insolvency”; notably, to investigate whether the directors should continue to promote the best interests of the corporation for the benefits of its shareholders, or whether their duties shift to creditors. Continue—>

Student Notes & Comments

The Question for Another Day: Hooker v. Illinois State Board of Elections and Its Effect on the Vitality of Citizen Ballot Initiatives and Redistricting Reform in Illinois
Thomas Q. FordIIT Chicago-Kent College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 897 (2018)
Abstract: Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois’s political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Continue—>

Preventing Drug-Related Deaths at Music Festivals: Why the “Rave” Act Should be Amended to Provide an Exception for Harm Reduction Services
Robin MohrIIT Chicago-Kent College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 943 (2018)

A Tribute to Professor Dan Tarlock

Harold J. KrentIIT Chicago-Kent College of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 973 (2018)

A Tribute to Dan Tarlock from Beyond the Legal Academy
Carl BauerUniversity of Arizona
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 975 (2018)

A Grateful Tribute to Dan Tarlock
Reed D. BensonUniversity of New Mexico School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 979 (2018)

Why Dan Tarlock Is My Hero
Holly DoremusUC Berkeley School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 983 (2018)

Dan Tarlock, Faithful Way-Finder
Justice Gregory J. Hobbs, Jr. (Ret.)Colorado Supreme Court
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 989 (2018)

A Tribute
Lewis B. JonesKing & Spalding LLP
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 995 (2018)

A Special Tribute for Dan Tarlock
Daniel R. MandelkerWashington University School of Law
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 997 (2018)

In Appreciation of “The Tarlock Effect”
J.B. RuhlVanderbilt University Law School
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1001 (2018)

A. Dan Tarlock: Biography and Selected Publications
93 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 1005 (2018)