Group Insolvency: Coordinated Insolvency Resolution for Interconnected Entities, a way Forward: Domestic and International Perspective

Join us for a dynamic panel discussion focused on one of the most controversial and critical issues in modern insolvency: Substantive Consolidation.
While businesses increasingly operate as integrated global groups, insolvency laws often grapple with the strict principle of separate legal entities. Our panel of experts will traverse the legal landscapes of various jurisdictions—from those that embrace equitable consolidation to those that strictly adhere to entity independence.
Anchored by a compelling hypothetical case study, we will delve into how disparate legal approaches can lead to drastically different recoveries for creditors. The discussion will go beyond theory to explore practical strategies: when consolidation is unavailable, how can practitioners utilize avoidance actions, piercing the corporate veil, or out-of-court workouts to achieve equitable results?
This session promises a deep dive into the strategic toolkits available to insolvency professionals, offering valuable perspectives for navigating the friction between legal form and economic reality.

Presenters

Rikita Karakawa

Partner, Abe, Ikubo & Katayama

Tokyo

Jyoti Singh

Founder, AJA Legal

Mumbai

Dhanshuklal Vekaria

Partner, Carey Olsen Hong Kong LLP

Hong Kong

John Birch

Partner, Cassels

Toronto

John Birch* is a partner in the Restructuring & Insolvency Group at Cassels. For more than 25 years, John has acted for debtors, creditors, receivers, monitors, trustees, and directors in a wide variety of proceedings under the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act, including some of the most significant Canadian insolvencies in recent years. He also regularly represents creditors’ committees and other official committees in cross-border insolvencies. John has repeatedly acted as court-appointed representative counsel for members of the public who are affected by the insolvency of investment firms and real estate developers.

In addition to his work as an insolvency litigator, John handles a wide range of commercial litigation, including creditors’ remedies, contractual disputes, shareholder litigation, Aboriginal litigation, and corporate insurance matters.

In recognition of this work, John has been acknowledged as a leader in his field by such legal publications as IFLR1000 (Insolvency), Legal 500 Canada (Litigation), and Lexpert (Insolvency and Insolvency Litigation).