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Abstract

The Latin Euromerican G8 Insolvency and Restructuring Program seeks to offer educational content, exchange of experiences and learning about best practices among the top eight Latin American and European countries in terms of GDP, population and ranking in the World Bank’s Doing Business index: Brazil, Mexico, Colombia, Chile, France, Italy, Spain, and Portugal.

The course will bring together faculty composed of academics and professionals specializing in insolvency and corporate restructuring who will address central themes such as: Transnational Insolvency (inter-jurisdictional cooperation), DIP Financing, Bankruptcy Administration, Restructuring and Non-Restructuring Credits, Sale of Assets, Creditor Participation, Executory Contracts, Legitimate Economic Agents, Distressed M&A, among others.

In addition, the insolvency system of each G8 country will be analyzed and compared from the perspective of the UNCITRAL Legislative Guide on Insolvency Law (Day 1) UNCITRAL Model Law on Cross-Border Insolvency (Day 2).

The course will be taught entirely online and will offer a unique networking opportunity among students and professors in thematic and cross-disciplinary virtual classrooms. Furthermore, a participants-only WhatsApp group will be created to continue the exchange of knowledge and professional interaction.

Finally, the course aims to focus on the improvement of insolvency systems and promote good practices among the members of the G8 countries and the countries of origin of the enrolled students

The Latin Euroamerican G8 Insolvency and Restructuring Program is sponsored by IBAJUD – Instituto Brasileiro da Insolvência – and IIDC – Instituto Iberoamericano de Derecho Concursal – in cooperation with leading local professional organizations.

Certification:

IBAJUD was established in 2012 to promote the continuous improvement of all matters related to bankruptcy and insolvency and is the leading organization of its kind in Brazil.  IBAJUD brings together prominent authorities and specialists on the subject, such as Academics, Ministers, Judges, Lawyers, Judicial Administrators, Auctioneers, and Financial Advisors, among others.

The Ibero-American Institute of Bankruptcy Law is an academic institution created in Barranquilla (at the time of its first Congress in 2005) with permanent headquarters in the City of Mexico that brings together a community of professionals interested in the development of scientific research of bankruptcy law. Since the first presidency of its founder, Jesús María Sanguino Sánchez and until today, the founding members have been joined by many professors, academics, doctrinaires, and lawyers and accounting science professionals with notable practice in their activity, both in Latin America and Europe, consolidating a field of debate and scientific development, playing a leading role in discussions and in the development of solutions on the various topics of the matter. The IIDC has professionals and academics from various countries (including Argentina, Brazil, Chile, Colombia, Mexico, Peru, Puerto Rico, Uruguay, Venezuela, Spain, Italy and Portugal), and with different national chapters that are part, in the same way of a Federation of our entity.

Country Leaders (Latin America)

André Ferreira da Rosa Rocha is a Managing Partner at EXM Partners, a leading Brazilian insolvency, restructuring, and forensics firm. Mr. Rocha is a co-founder and Vice President of the Brazilian Institute of Asset Recovery (IBRA) as well as International Academic Coordinator at the Brazilian Insolvency Institute (IBAJUD). Founder of the Teaching and Research Center for the Management and Restructuring of Tax Liabilities (NEPAT); Member of the Instituto Iberoamericano de Derecho Concursal (IIDC); Member of the Distressed M&A and Workouts Committee at Turnaround Management Association (TMA). Member of the American Bankruptcy Institute (ABI). World Bank consultant for restructuring and insolvency. Idealizer and coordinator of the G8 Latin Euromerican Insolvency & Restructuring Program; Mr. Rocha also holds an MBA and a bachelor’s degree in Business Management. He is currently attending a Master program in Business Law at Fundação Getulio Vargas (FGV Law) in São Paulo.

Luis Palomino. Litignate Lawyer since 1997. Specialist in Insolvency and Financial Restructuring. Specialist in Civil, Commercial and Corporate Controversies. Trial Attorney since 1997. Insolvency and Debt Restructuring Specialist. Civil, Commercial and Corporate Disputes Specialist. Member / Member: INSOL International, International Insolvency Institute (III), American Bankrupcy Institute (ABI), Ibero-American Institute of Bankruptcy Law (IIDC), Barra Mexicana Colegio de Abogados (BMA), Asociación Nacional de Abogados de Empresa (ANADE), Illustrious and the National Bar Association of Mexico (INCAM). University Professor since 2000 at the Universidad Panamericana. Insolvency Chair. University Professor since 2000, at Universidad Panamericana. Insolvency.

Francisco Reyes Villamizar is a former Superintendent of Companies from Colombia and in 2015 was the Chairman of the United Nations Commission on International Trade Law (UNCITRAL). He has been an active participant and draftsman of several comprehensive legislative reforms to the Colombian laws of Corporations and Bankruptcy, including the successful law on Simplified Stock Corporations enacted in 2008. He prepared the OAS Model Law on Simplified Corporations. He also presided over the governmental commissions for the amendment of the Colombian Bankruptcy Law and the new Law on Secured Transactions.

Juan Luis Goldenberg is a Ph.D. in Law (University of Salamanca, Spain) and Law Degree (Pontificia Universidad Católica de Chile). Associate professor of Civil and Commercial Law at Pontificia Universidad Católica de Chile. Insolvency arbitrator. Executive vice president of the Iberoamerican Institute of Insolvency law and president of its Chilean chapter. Expert member on insolvency law by the Iberoamerican Institute of law and finance. Of counsel of the law firm Baraona y Compañía. Author of several books related to insolvency and corporate law published in Chile and Spain, and articles related to insolvency, consumer and civil law published in Chile, Spain, Italy, Colombia, Uruguay, among others.

Nathalie Leboucher is a French court-appointed administrator and has been registered on the French National List since 2014, partner at FHB. Nathalie holds a university diploma in Distressed Company Law (University Paris I – Panthéon Sorbonne) and a degree from EM Lyon Business School. She has several years of experience in bankruptcy proceedings (safeguard, receivership) and amicable procedures, on behalf of VSEs, large SMEs and SMIs. Nathalie has held executive positions in French and British companies. These experiences have enabled her to develop a keen sense of dialogue and negotiation. Nathalie is highly pragmatic and a great listener, which helps her to assist managers going through a company crisis. She is also a member of ARE, the French turnaround association, and member of Ceril, conference on European restructuring and insolvency law.

Luciano Panzani former President of the Court of appeal of Rome, is member of the Committee charged by the Italian Minister of Justice to update the new Insolvency code to the EU Preventive Restructuring Frameworks Directive. Member of the III delegation to the Uncitral Working Group V on insolvency. Contributor of many law reviews and author of many publications in insolvency and company law. Professor of insolvency law in the Economic Department of the Tuscia University in Viterbo (Italy). In the past years teacher in the Universities of Torino, Rome and Siena and in Nicaragua, Russia, Romania and U.S.A. (Arizona). Member of the International Insolvency Institute (In 2015 he received from the Institute the Outstanding Contribution Award), Member of Insol Europe; Fellow of the American College of Bankruptcy, Member of the I.E.E.I. 

Jose Pajares has a Law Degree from the University of Zaragoza in 1982. Member of the Zaragoza Bar Association since 1982 and Madrid Bar Association since 1999. Mediator Degree from Rey Juan Carlos University of Madrid in 2014. Managing Partner of the law firm PAJARES & ASOCIADOS, ABOGADOS DESDE 1958, S.L. Arbitrator and Mediator of the Civil and Commercial Arbitration Court, the Arbitration Court of the Official Chamber of Commerce, Industry and Services of Madrid and the Aragonese Court of Arbitration and Mediation. Executive Vice President of the Iberian – American Institute of Barkruptcy Law (IIDC) from 2017 to 2019. Member of the IIDC. President of the Spanish Chamber of the International Lawyers Union (UIA) from 2015 to 2020. Representative of the UIA and the IIDC in the V Working Group (Insolvency Law) of the United Nations Commission for International Trade Law (UNCITRAL). President of the UIA Insolvency Commission from 2008 to 2012 and Advisor of the President from 2013 to 2015.

Teresa Pitôrra is a Senior Adviser at the Restructuring & Insolvency practice where has been actively involved in several high-profile Restructuring & Insolvency cases in a wide range of sectors, with a special focus on banking, funds and financial services, industry, services and telecommunications, in Portugal, Angola, Cabo Verde and Brazil.Teresa has been representing and advising national and international clients within insolvency proceedings and judicial or non-judicial restructurings, either as creditors or debtor.Teresa also has significant experience in dealing with civil and commercial disputes, both at pre-litigation and litigation stages, and frequently takes part in advising clients in securitization transactions and other types of asset-backed transactions.Teresa participates regularly as lecturer in several national and international conferences and seminars in the field of R&I.

Speakers

Program Format

48 hours program:

  • 6 hours per country;

8 weeks:

  • 1 week per country.

Each week:

  • 2 days of 3 hours each;
  • Tuesdays and Wednesdays.

Day 1

  The insolvency system of each    country analyzed from the              perspective of: 
The UNCITRAL Legislative Guide on Insolvency Law and;
 

Day 2

 Iconic Cross-Border Insolvency Cases of each country presented, analyzed, and discussed from:
  • The UNCITRAL Model Law on Cross-Border Insolvency

Day 17 and 18

       G8 Country Leaders get                   together in round table                     conversation to discuss:
    • Best practices of each system;
    • Bottlenecks of each system;
    • How each system can contribute to improve one another;
    • Write a white paper signed by the G8 leaders.

DAY 2

Cross-border Insolvency Cases to be presented and discussed

UNCITRAL Model Law on Cross-Border Insolvency

UNCITRAL Model Law

European Union Cross-Border
Insolvency Proceedings

DAY 17

G8 Country Leaders round table discussion

  • The UNCITRAL Legislative Guide on Insolvency Law and the World Bank Principles for Effective Insolvency and issues considerations of each country;
  • Recommend  improvements for each country´s system based on the best practices discussed during the program;
  • Report each cross-border insolvency case pointing out and commenting the successes and failures;
  • Recommend best practices on dealing with transnational insolvencies.

G8 Latin Euromerican:

Comparing Insolvency Regulation and Best Practices between the 8 main Latin Economies

  • Extract pros and cons of each country´s system and practices and find out how the experience of one country can contribute to another;

  • Recommend improvements in the insolvency legal frameworks and best practices;

  • The G8 Report will be signed by the 8 country leaders.

Schedule

Invited Countries

Official Support:

Supporting Entities in each of the G8 countries:

Brazil

Mexico

Colombia

Chile

France

Italy

Spain

Portugal