vol 17, num 2 | October 2020
 
 
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Legislation/International
 
AN ABI COMMITTEE NEWSLETTER
 
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International/ Legislation Joint Newsletter
 
This month, in this joint newsletter with the International Committee, we have two articles regarding two separate issues that were considered in the United Nations Commission on International Trade Law Working Group V related specifically to bankruptcy.

Don Wyatt of Wyatt, PLLC in The Woodlands, Texas, provides a concise explanation, from an American point of view, of what Working Group V recommended to the Commission about dealing with subchapter V of chapter 11 of the U.S. Code. The draft has many similarities to the U.S. Code but also many differences, and Mr. Wyatt has summarized these in his article.

Dr. Marcello Gaboardi, associate professor of civil procedure law and bankruptcy law at Bocconi University in Milan, Italy, brings us an international viewpoint on the automatic stay. The process on how Working Group V arrived at the drafted recommendations is discussed, and ultimately, you will find out whether Prof. Gaboardi agrees or disagrees with the recommendations.

Both are quick, informative reads, and we urge you to take a look at them. As always, thank you to both of the authors for submitting amazing articles.

 
 
 
Subchapter V in International Applications: How Is the World Proposing to Deal with Simplified Insolvency?
Donald Wyatt
 
Donald Wyatt
Wyatt, PLLC
The Woodlands, Texas
 
 
The United Nations Commission on International Trade Law Working Group V has been working on a simplified insolvency regime for six sessions because “[m]icro, small and medium-sized enterprises (MSMEs) (MSEs) constitute the majority of businesses in economies around the world.” Its efforts are aimed at ameliorating the effects of rigid insolvency schemes that stifle the efforts of small business enterprises to reorganize.

Standard business insolvency processes, where they are costly, complex, lengthy and procedurally rigid, may be unavailable, prohibitive or unsuitable for MSEs. Burdened by unresolved financial difficulties and old debt, MSEs may be discouraged from taking new risks, may become trapped in a cycle of debt, or may be driven to the informal sector of the economy.

 
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The Stay of Simplified Insolvency Proceedings Under the 2020 UNCITRAL Draft Recommendations
Prof. Marcello Gaboardi
 
Prof. Marcello Gaboardi
Bocconi University Law School
Milan, Italy
 
 
The UNCITRAL Draft Recommendations on a simplified insolvency regime (“Recommendations”) is a model of legislative regulation concerning the insolvency of micro, small and medium-sized enterprises (MSMEs). The model was crafted by UNCITRAL Working Group V in May 2020. According to the Provisional Agenda of the 57th session of the Working Group, the examination of issues relevant to the insolvency of MSMEs started in 2014 upon a specific request of the Commission. In particular, the Working Group was asked to consider whether the legal framework of the UNCITRAL Legislative Guide on Insolvency Law (“Guide”) needs to be reinforced and detailed to provide for a simplification of insolvency procedures for MSMEs.
 
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ABI Is Seeking Members to Become Volo Authors
ABI's Volo site provides members with the most timely bankruptcy decisions from the U.S. Courts of Appeals and Bankruptcy Appellate Panels. But we can’t continue to make these timely summaries available without our volunteer authors! Volunteer authors provide summaries of new opinions within 24 hours of their release, and each summary includes the full text of the opinion, the case status, a citation and the judge(s) involved. If you think that you have a few extra hours a month to become a Volo author, please visit the Volo site to sign up!

Volo

 
 
 
New Session Added at Insolvency 2020:
What Happens After the Election?
 
Please join us on Friday, October 16, at 12:30 PM EDT for a distinguished panel featuring former Speaker of the U.S. House of Representatives John Boehner, former Congressman and Chairman of the Democratic Caucus Joseph Crowley, former Congressman Bill Shuster and former Transportation Secretary Rodney Slater.

The session, What Happens After the Election? What the Outcome of the Presidential and Senate Races Might Mean for the Economy, Key Industries and Municipalities, is being sponsored by Squire Patton Boggs and will discuss the 2020 election, the U.S. Supreme Court, the political impact of a Trump or Biden administration, the possible change of control in the Senate, and what all of this means for unemployment and future stimulus programs, interest rates, taxes, infrastructure and the U.S. economy in 2021. In addition, the panelists will assess how the pandemic might impact their analysis – now and for the foreseeable future. There will be ample time for Q&A.

 
REGISTER FOR INSOLVENCY 2020
 
 
 
Vacancy Announcement: Federal Public Defender in the District of Delaware
 
Chief Judge D. Brooks Smith of the United States Court of Appeals for the Third Circuit announces the application process for the Federal Public Defender in the District of Delaware.

Qualifications for the Position of United States Federal Public Defender

An applicant should have the following qualifications:
  1. a member in good standing in the bar of each state in which admitted to practice;
  2. a minimum of five years criminal practice experience, preferably with significant federal criminal trial experience, which demonstrates an ability to provide zealous representation of consistently high quality to criminal defendants;
  3. the ability to effectively administer the office;
  4. a reputation for integrity; and
  5. a commitment to the representation of those unable to afford counsel.

Qualified candidates will be considered equally and without regard to race, sex, religious affiliation, national origin, age or disability.

Federal Public Defenders may not engage in the private practice of law and are subject to full background investigations and to judiciary financial disclosure requirements.

Term and Salary
A Federal Public Defender is appointed to a four-year term pursuant to 18 U.S.C. § 3006A, and compensation is currently set at $170,800 per annum. The position will be available after December 31, 2020.

To Apply
The application process is entirely automated. No paper applications will be accepted. Applications must be submitted electronically by 12:00 noon, Eastern Standard Time, October 28, 2020. To apply, go to www.ca3.uscourts.gov for more information or call the Circuit Executive’s Office at 215-597-0718.

Deadline
All applications are to be received by 12:00 noon, Eastern Standard Time, October 28, 2020.

 
 
 
 
 
Insolvency 2020
 
 
 
International Insolvency Forum
 
 
 
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