25th Annual IBA Global Insolvency and Restructuring Conference
19 May - 21 May 2019
Tivoli Mofarrej Hotel
Session information
Working session 2 The Judiciary and insolvency: judicial activism and litigation funding
Monday 20 May (1400 - 1530)
Tivoli Mofarrej Hotel
Committee(s)
Insolvency Section
(Lead)
Insolvency Section
(Lead)
Legal Practice Division
(Lead)
Latin American Regional Forum
Regional Fora
Regional Fora
Description
In general, insolvency proceedings are commenced and supervised by the court. The court can assign various tasks to insolvency practitioners, including, among others, administration and management of the company under the insolvency proceedings, restructuring or realisation by way of transfer of undertakings, and conducting of court proceedings against third parties. The judge and the practitioners appointed by the court have in common that they are independent and apply the law in the best interest of the estate or the creditors of the insolvent company. What are the limits of their freedom and independence? To what extent flexibility in the application of the law can be allowed? The panel will discuss such limitation and flexibility through the examples of judicial activism and litigation funding. Moderator Bart de Moor Strelia, Brussels; Co-Chair, Reorganisation and Workouts Subcommittee, IBA Insolvency Section Speakers Justice Andre Andrade Justice, Supreme Court of the State of Rio de Janeiro and President, School of Judges, Rio de Janeiro Charles Demoulin Deminor Recovery Services, Brussels Renata Martins de Oliveira Machado Meyer Sendacz Opice Advogados, São Paulo Alex Moglia Moglia Advisors, Chicago
Session / Workshop Chair(s)
| Bart De Moor | Strelia, Brussels, Belgium |
Speakers
| Charles Demoulin | Deminor Litigation Funding, Brussels, Belgium |
| Alex Moglia | Moglia Advisors, Schaumburg, Illinois, USA |
| Renata Martins de Oliveira | Machado Meyer Advogados, São Paulo, Brazil |