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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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Voluntary administration, small business restructuring, and schemes of arrangement in Australia

The Creditors Bargain PodcastSep 27, 2021

00:00
49:27
Recognition of Foreign Bank Resolution Actions
Mar 11, 202215:49
A chat with Professor Parry about state-led creative destruction in China, and the implications of cloud service providers becoming insolvent
Feb 16, 202239:35
The Evolution of Corporate Rescue in Canada and the United States

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.

Oct 13, 202126:13
Voluntary administration, small business restructuring, and schemes of arrangement in Australia

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.

Sep 27, 202149:27
Light touch administrations and pre-packs in the UK
Sep 26, 202131:13
The New Bargaining Theory

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.


Sep 17, 202137:23
Insolvency law during and after the pandemic

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.

Sep 13, 202145:54
Promotion of Group Restructuring and Cross-entity Liability Arrangements

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.

Sep 11, 202140:55
Bankruptcy in the Space Sector

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. 

Sep 02, 202132:30
A Rejection of Absolutist Duties as a Barrier to Creditor Protection: Facilitating Directorial Decisiveness Surrounding Insolvency through the Business Judgment Rule.

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. 

Sep 01, 202132:38
Social stakeholders in insolvency proceedings - View from Canada

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.

Aug 29, 202131:14
Rescue tools in Singapore

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. 

Aug 27, 202127:42
Resolving Corporate Insolvencies in China: the Gap Between Law and Reality

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.

Aug 16, 202143:50
Virtual Assets - Issues for insolvency law

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.


Aug 14, 202126:40
Preventive Restructuring Framework in Ukraine

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.

Aug 09, 202135:11
The aims of corporate insolvency law

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.

Aug 06, 202137:03