International Insolvency

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Hon. Kevin J. Carey (ret.)
Hogan Lovells US LLP | Philadelphia
Hon. Laurel M. Isicoff
U.S. Bankruptcy Court (S.D. Fla.) | Miami
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.) | Miami
Hon. Mindy A. Mora
U.S. Bankruptcy Court (S.D. Fla.) | West Palm Beach
Hon. Madeleine C. Wanslee
U.S. Bankruptcy Court (D. Ariz.) | Phoenix

The following session took place during Caribbean Insolvency Symposium in February 2023. The panelists will discuss current hot issues in cryptocurrency and the ways in which they converge with insolvency proceedings. After providing a brief cryptocurrency overview, the panelists will address legislative and regulatory updates, and their effects on bankruptcy cases. The panelists also will discuss such current cryptocurrency-focused insolvency cases as Cred, Inc., Celsius, Voyager and Three Arrows Capital, and the crypto-specific bankruptcy issues they present. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Alan R. Rosenberg, Moderator
Markowitz Ringel Trusty & Hartog, P.A. | Miami
Jeffrey S. Ainsworth
BransonLaw, PLLC | Orlando, Fla.
Robert A. Musiala, Jr.
BakerHostetler | Chicago
Gregg A. Steinman
McDermott Will & Emery | Miami

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022). All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Evan J. Zucker, Moderator
Blank Rome LLP | New York

Gemma Lardner
Ogier | Grand Cayman, Cayman Islands

Linc A. Rogers
Blake, Cassels & Graydon, LLP | Toronto

R. Adam Swick
Akerman LLP | Austin, Texas

The following session took place during Caribbean Insolvency Symposium in February 2023. The panel will discuss the impact of the amendments to the Cayman Companies Act, which introduce the ability of a company to restructure under the supervision of a company restructuring officer on grounds that the company is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (or classes thereof), either pursuant to the Companies Act (2021 Revision) or a foreign law or by way of a consensual restructuring. These provisions will be compared to and contrasted with U.S. chapter 11. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Kai McGriele, Moderator
Bedell Cristin | Grand Cayman, Cayman Islands

Hon. Kevin J. Carey (ret.)
Hogan Lovells US LLP | Philadelphia

Katherine R. Catanese
Foley & Lardner LLP | New York

Grainne King
Harneys | Grand Cayman, Cayman Islands

Barry Lynch
Alvarez & Marsal | Grand Cayman, Cayman Islands

The following session took place during ABI-Live Webinar in January 2023. International and cross-border disputes often involve collections issues and venue considerations. This panel of experts in cross-border and international litigation will share their professional experiences and insights on how best to approach these types of claims, and ways to collect on them. All sessions can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Kristina M. Johnson, Moderator
Jones Walker LLP; Jackson, Miss.
Leyza F. Blanco
Sequor Law; Miami
Quentin Cregan
Maples Group; Cayman Island
Shane Donovan
Mourant Ozannes; British Virgin Islands
Eric (Rick) S. Rein
HMB Legal Counsel; Chicago

The following session took place during ABI-Live Webinar in January 2023. India has emerged as a leading insolvency jurisdiction since it enacted its new Insolvency and Bankruptcy Code (IBC) in late 2016. The IBC heralded a new insolvency process, enabling large corporations to reorganize and maximize value. In the six years since, more than 4000 cases have been filed and scores of important Indian companies have been successfully restructured. In this webinar, an all-star panel of experienced and highly regarded Indian professionals, many of whom have navigated the most important IBC cases to date, will showcase how the Indian insolvency system works, explain the key principles and policies of the IBC, and identify various restructuring alternatives. The panelists also will explore the current macro-economic and business climate in India and debate the successes, failures and lessons learned. Finally, the panelists will discuss potential investment opportunities in India, and why insolvency and restructuring professionals should familiarize themselves with the Indian insolvency process. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here [Part 1] and [Part 2]

The following session took place during International Insolvency & Restructuring Symposium in October 2022. This panel will explore various perspectives on the so-called “Texas Two-Step” bankruptcy technique, including whether it’s something that could (or should) be exported from the U.S. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Paul Zumbro, Moderator
Cravath, Swaine & Moore LLP; New York, N.Y., USA
Hon. Robert D. Drain
U.S. Bankruptcy Court (S.D.N.Y.); White Plains, N.Y., USA
Ferdinand Hengst
De Brauw Blackstone Westbroek N.V.; Amsterdam, Netherlands
Natasha MacParland
Davies Ward Phillips & Vineberg LLP; Toronto, Canada

The following session took place during International Insolvency & Restructuring Symposium in October 2022. This panel will discuss the developments in the rescue financing market and their impact on international restructurings. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Marc Hecht, Moderator
Simpson Thacher & Bartlett LLP; London, UK
Raj Apte
Teneo; London, UK
Richard Fisher, KC
South Square; London, UK
Nicholas J. Shaw
Simpson Thacher & Bartlett LLP; London, UK

The following session took place during International Insolvency & Restructuring Symposium in October 2022. A panel of seasoned professionals will discuss recent developments and trends in U.S. bankruptcy and restructuring. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Jay M. Goffman, Moderator
Teneo; New York, N.Y., USA
Mark D. Bloom
Baker McKenzie; Miami, Fla., USA
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York, N.Y., USA
Lynn P. Harrison III
Dentons; New York, N.Y., USA
Peter K. Newman
Skadden, Arps, Slate, Meagher & Flom LLP; London, UK

The following session took place during International Insolvency & Restructuring Symposium in October 2022. Former Delaware Chief Judge Christopher Sontchi talks with ABI President and former colleague Kevin Carey about his new position in Singapore. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Kevin J. Carey (ret.)
Hogan Lovells US LLP; Philadelphia, Pa., USA
Hon. Christopher S. Sontchi
U.S. Bankruptcy Court (D. Del.); Wilmington, Del., USA