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Welcome to the website for International and Comparative Corporate Insolvency Law. This seminar studies and compares the corporate insolvency laws and culture from a variety of countries and from the perspective of experienced guest lecturers, with a number of “war stories” mixed in in order to discuss “how things really work” when dealing with foreign laws and cultures.

The seminar begins with a brief history of insolvency law, focusing on the social, cultural and political reasons as to why different countries follow such different approaches in addressing insolvency issues. Next, the course reviews Chapter 11 of the United States Bankruptcy Code as a basis for comparison with other insolvency laws. The seminar then studies coordinating cross-border insolvencies, and the insolvency laws of the United Kingdom, France, Australia, Germany, Italy, Argentina, Brazil, China and East Asia, and Canada. The seminar then concludes with an analysis of the legal and practical problems involved in the cross-border insolvency of a multinational business. Classroom discussions also focus on practical issues, not just legal technicalities, and include working examples from current international insolvency situations.

Active classroom participation and a research paper are required. No written exam. Contact the professors if you would like your course paper to satisfy your upperclass writing requirement.

Tuesdays, 6:30 pm — 8:15 pm (class); 8:15 pm — 9:00 pm (office hours)

Required texts: United States Bankruptcy Code and Bankruptcy Rules. Prior bankruptcy course not required.

Taught by Evan Flaschen and Renée Dailey from Bracewell & Giuliani LLP.