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The Creditors Bargain Podcast

The Creditors Bargain Podcast

By Akshaya Kamalnath
Perspectives on corporate insolvency law from academics and practitioners
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Light touch administrations and pre-packs in the UK

The Creditors Bargain Podcast

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Recognition of Foreign Bank Resolution Actions
Shuai Guo is an Assistant Professor/Lecturer of Law at China University of Political Science and Law (CUPL) in Beijing. His book Recognition of Foreign Bank Resolution Actions was published by Edward Elgar in 2022. I'm your host, Akshaya Kamalnath, a senior lecturer at the Australian National University, College of Law.
15:49
March 11, 2022
A chat with Professor Parry about state-led creative destruction in China, and the implications of cloud service providers becoming insolvent
Welcome to Season 2 of The Creditors Bargain Podcast! I speak with Professor Rebecca Parry, a Professor at Nottingham Trent University, Nottingham Law School, about two of her recent articles: Zombie companies in China: policies of creative destruction and their implementation, and An assessment of UK insolvency laws in the light of new ways of working in the era of COVID-19. 
39:35
February 16, 2022
The Evolution of Corporate Rescue in Canada and the United States
I speak to Prof. Jassmine Girgis, Associate Professor at the University of Calgary, Faculty of Law about her chapter The Evolution of Corporate Rescue in Canada and the United States published in the Research Handbook on Corporate Restructuring Edited by Paul J. Omar, Jennifer L.L. Gant Edward Elgar Publishing, 2021. The chapter will also be featured in the in the Harvard Law School Bankruptcy Roundtable in November, 2021. I'm your host, Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University College of Law.
26:13
October 13, 2021
Voluntary administration, small business restructuring, and schemes of arrangement in Australia
I speak to Professor Jason Harris, a professor of corporate law, at the University of Sydney Law School about his PhD research and findings. The discussion included Voluntary Administrations in Australia, and various corporate insolvency reforms. Jason blogs at Australian Insolvency Law. We also briefly reference his article on schemes of arrangement in this chat. I'm your host, Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University, College of Law.
49:27
September 27, 2021
Light touch administrations and pre-packs in the UK
I spoke to Dr. Eugenio Vaccari, a lecturer at Royal Holloway, University of London about two of his papers: Corporate Insolvency Reforms in England: Rescuing a “Broken Bench”? A Critical Analysis of Light Touch Administrations and New Restructuring Plans and English Pre-Packaged Corporate Rescue Procedures: Is there a Case for Propping Industry Self-Regulation and Industry-Led Measures such as the Pre-Pack Pool? I'm your host, Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University College of Law. 
31:13
September 26, 2021
The New Bargaining Theory
I speak with Professor Anthony J. Casey, Deputy Dean, Donald M. Ephraim Professor of Law and Economics, Faculty Director, The Center on Law and Finance, University of Chicago Law School. We discuss his article: Chapter 11's Renegotiation Framework and the Purpose of Corporate Bankruptcy which is published in the Columbia Law Review. I'm your host, Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University College of Law.
37:23
September 17, 2021
Insolvency law during and after the pandemic
I talk with Professor Aurelio Gurrea Martinez, Assistant Professor and Head of The Singapore Global Restructuring Institute at Singapore Management University about his articles: Insolvency Law in Times of Covi-19 and The Future of Insolvency in a Post-pandemic World. I'm your host Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University College of Law.
45:54
September 13, 2021
Promotion of Group Restructuring and Cross-entity Liability Arrangements
I speak with Ilya Kokorin, a PhD candidate at Leiden University. We discuss his article Promotion of Group Restructuring and Cross-entity Liability Arrangements. Ilya's other articles on the topic are here and here. He also has a co-authored article discussing private international law aspects of this issue forthcoming in the Texas International Law Journal. I'm your host, Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University College of Law.
40:55
September 11, 2021
Bankruptcy in the Space Sector
In this episode, I speak to Hamza Hameed, a Pakistani lawyer currently working at the International Institute for the Unification of Private Law (UNIDROIT) in Rome, Italy. We speak about bankruptcy (or corporate insolvency) in the space sector. You can read some of his writing on the topic here, here, and here. I'm your host Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University, College of Law. 
32:30
September 02, 2021
A Rejection of Absolutist Duties as a Barrier to Creditor Protection: Facilitating Directorial Decisiveness Surrounding Insolvency through the Business Judgment Rule.
In this episode, I talk to Philip Gavin, a PhD Candidate and Adjunct Assistant Professor at Trinity College, Dublin, School of Law. We discuss his article A Rejection of Absolutist Duties as a Barrier to Creditor Protection: Facilitating Directorial Decisiveness Surrounding Insolvency through the Business Judgment Rule which has been published in the Brooklyn Journal of Corporate, Financial & Commercial Law. We also briefly discussed the position in Ireland and UK. If that is of interest, check out Philip's article, Jumping the Gun: Codifying the Duty to Consider the Interests of Creditors in the Companies Act 2014 published in The Irish Jurist.  I'm your host, Dr. Akshaya Kamalnath, Senior Lecturer at the ANU College of Law. 
32:38
September 01, 2021
Social stakeholders in insolvency proceedings - View from Canada
In this episode I speak with Professor Virginia Torrie, Associate Professor at the University of Manitoba, Faculty of Law about social stakeholders under the Companies’ Creditors Arrangement Act. We discuss her article (co-authored with Vern W DaRe) titled The Participation of Social Stakeholders in CCAA Proceedings. Professor Torrie published the book Reinventing Bankruptcy Law in 2020. I reviewed it with some comparative reflections on India.  I'm your host Dr. Akshaya Kamalnath, a senior lecturer at the ANU College of Law.
31:14
August 29, 2021
Rescue tools in Singapore
In this episode I speak with Sean Lee, Associate Editor and Researcher at the Singapore Global Restructuring Initiative about various tools available for corporate rescue in Singapore. Sean has authored two new posts on the SGRI blog. The blog post about the PIL International case is here. I'm your host. Dr Akshaya Kamalnath, a Senior Lecturer at the Australian National University College of Law. 
27:42
August 27, 2021
Resolving Corporate Insolvencies in China: the Gap Between Law and Reality
In this episode, I spoke to Dr. Zinian Zhang, a Lecturer of business law at the University of Leeds, School of Law. We discussed his article Resolving Corporate Insolvencies in China: The Gap between Law and Reality. I'm your host, Dr. Akshaya Kamalnath, a senior lecturer at the Australian National University, College of Law.
43:50
August 16, 2021
Virtual Assets - Issues for insolvency law
In this episode, Myles Bayliss, a solicitor in Brisbane, discussed his article Virtual Assets, Real Insolvency Issues. We also mentioned a New Zealand case on the status of cryptoassets. I have a comment on this case titled The Law of Cryptoassets is the Law of the Horse which discussed some implications for insolvency law towards the end. I'm your host, Dr Akshaya Kamalnath, a senior lecturer at the Australian National University, College of Law.
26:40
August 14, 2021
Preventive Restructuring Framework in Ukraine
In this episode I chat with Olha Stakheyeva-Bogovyk, an independent attorney specializing in bankruptcy and commercial matters, about Ukraine's new Bankruptcy Code. I'm your host Akshaya Kamalnath, a senior lecturer at the Australian National University College of Law.
35:11
August 09, 2021
The aims of corporate insolvency law
In this episode I chat with Paulina Fishman, a PhD candidate at the University of Adelaide, about here article Insolvency Law to the Rescue: And the Zombies Arise.  I'm your host, Dr Akshaya Kamalnath, Senior Lecturer at the Australian National University College of Law.
37:03
August 06, 2021