INSOL Talks

In this episode, we speak to three leading scholars about Personal Bankruptcy in Asia: Prof. Chun Jin (University of Tokyo, Japan), Dr. Jenny Fu (University of Canberra, Australia) and Dr. Huifen Yin (Shanghai University of Political Science & Law, PRC). They give an overview of personal bankruptcy laws in each jurisdiction, as well as discussing the experience of assetless debtors in Australia, future reforms in China, and the discharge of guarantee liabilities of SME managers in Japan.

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Interviewers: Shuai Guo, China University of Political Science & Law, PRC

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

Welcome back to a new season of INSOL Talks.

In this episode, our experts, Prof. Stephan Madaus (Martin Luther University Halle Wittenburg), Dr. Riz Mokal (South Square), and Prof. Dominik Skauradszun (Fulda University of Applied Sciences) discuss a recent judgment by the first instance court of Frankfurt am Main, which declined to recognise the effects of an English restructuring plan. The debate raises questions of predictability, legal certainty and judicial cooperation while potentially stirring cross-border restructuring in a new direction.

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Interviewers: Defne Tasman, University of Antwerp, Belgium & Jaime Vazquez Garcia, Autonomous University of Madrid, Spain

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

Scott Stuart, INSOL's new CEO, discusses joining INSOL International and his plans for 2026 and beyond.

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Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

Its a wrap! As 2025 draws to a close, the INSOL ERA Committee reflects on the year, looking back at important global updates as well as INSOL ERA activities that have followed alongside. The committee discusses their favourite INSOL Talks episodes, and the INSOL ERA Workshop in Barcelona. 

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Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

In this episode we talk to Chris Odinet, Texas A&M University, USA; and Andrea Tosato, Southern Methodist University, USA about digital assets and how they fit into property and insolvency law. They discuss regulatory and legal initiatives such as MiCAR in Europe and the Genius Act in the USA, which in turn answer some of the fundamental questions about how digital assets should be treated in national private law, and insolvency law.

Papers referenced in this podcast:

Digital Assets & the Property Question

Regulating Centralized Stablecoins: Comparing MiCAR and the GENIUS Act 

Tokenized Real Estate: The Law and Tech of Digital Deeds 

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Interviewer: Ilya Kokorin, Dutch Authority for the Financial Markets, The Netherlands

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

In this episode we talk to Christoph Paulus, Of Counsel, White & Case, Germany, and Francisco Garcimartin, Autonomous University of Madrid, Spain, about the recent developments in EU insolvency law and specifically the proposals for the 28th insolvency law regime. The issue of the EU falling behind the US and China in competitiveness has sparked a strong push for ambitious policy responses, including proposals for the new unified 28th regime.

Read their paper "The 28th insolvency law: Reflections on a lex concursus europaea"

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Interviewers: Defne Tasman, University of Antwerp, Belgium & Ilya Kokorin, Dutch Authority for the Financial Markets, The Netherlands

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

In this episode we join Prof. Xiahong Chen, China Unviersity of Political Science and Law, to look at the new draft amendment of the Chinese Enterprise Bankruptcy Law. We look at the historical development and the motivations for the current amendment, as well as how it approaches issues of cross-border insolvency; including how it draws (or does not draw) on international standards such as the UNCITRAL Model Law.

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Interviewer: Shuai Guo, China University of Political Science and Law, PR China

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

In this episode we talk to Prof. Jason Harris, University of Sydney and Preeti Nalavadi, University of Adelaide, Australia, to understand indigenous business restructuring in India and Australia. They discuss the differences between Tribal/Indigenous businesses and other MSME's in their respective countries, and what unique difficulties are posed by these types of businesses when they become insolvent. We look at what legal frameworks are in place to protect indigenous businesses, and what more can be done for them going forwards.

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Interviewer: Ishana Tripathi, Shardul Amarchand Mangaldas & Co, India

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

In this episode we talk to Elizabeth Streten and Amanda Bull, both from Queensland University of Technology, about residential construction insolvency in Australia. We discuss their research into the causes of these insolvencies, their impact in Australia, and potential mitigating factors which could be applied. We ask what lessons this research might hold not only for Australia, but also for insolvency systems globally.

Find out more about this project here.

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Interviewer: Defne Tasman, University of Antwerp, Belgium

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov

In this joint episode with the International Insolvency Institute, Prof. Ignacio Tirado, Secretary General, and Myrte Thijssen, Senior Legal Officer of UNIDROIT describes the reasons for, and the content of the UNIDROIT Legislative Guide on Bank Liquidation. The guide provides recommendations on how to deal with the failure of non-strategically important financial institutions.

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Interviewers: Shuai Guo, China University of Political Science and Law, China (INSOL ERA); and
Eugenio Vaccari, Royal Holloway University of London, UK (III)

Transcript

The podcast was recorded on 26 May 2025, with information accurate at the time of recording. The episode is available on Global Perspectives and INSOL Talks Podcast feeds 

Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by Jorikbasov