Getting Blood Out of a Stone: Who Can Get Paid Administrative Expenses Out of the Assets of an Insolvent Cayman Company

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Paula Richmond, Moderator
Interpath Advisory | Grand Cayman, Cayman Islands
Jennifer Colegate
Collas Crill | Grand Cayman, Cayman Islands
Helen Ennis
Kroll | Grand Cayman, Cayman Islands
Tiana Ritchie
Maples Group | Grand Cayman, Cayman Islands
Ruth Simpson
PwC | Grand Cayman, Cayman Islands

Conference
2023 Caribbean Insolvency Symposium

Chapter 11 Update

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Allison R. Day, Moderator
Venable LLP | Miami
Erin Diers
Hughes Hubbard & Reed LLP | New York
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

Conference
2023 Caribbean Insolvency Symposium

Cross-Border Fraud

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Joel E. Cohen, Moderator
Stout Risius Ross, LLC | New York
Kieran W. Hutchison
EY | Grand Cayman, Cayman Islands
Sam Lieberman
Sadis & Goldberg LLP | New York
Bhavesh N. Patel
Travers Thorp Alberga | Grand Cayman, Cayman Islands

Conference
2023 Caribbean Insolvency Symposium

Administrative Expenses Under § 503

The following session took place during Caribbean Insolvency Symposium in February 2023. This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c). All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Hon. Robert A. Mark, Moderator
U.S. Bankruptcy Court (S.D. Fla.) | Miami
Vincent F. Alexander
Lewis Brisbois Bisgaard & Smith LLP | Fort Lauderdale, Fla.
Andrew V. Alfano
Pillsbury Winthrop Shaw Pittman LLP | New York
Morgan L. Patterson
Womble Bond Dickinson (US) LLP | Wilmington, Del.

Conference
2023 Caribbean Insolvency Symposium

Judge’s Roundtable: Ethics Issues

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

Conference
2023 Caribbean Insolvency Symposium

Cryptocurrency

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

Conference
2023 Caribbean Insolvency Symposium

Chapter 15 Update/Recognition Issues

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

Conference
2023 Caribbean Insolvency Symposium

CRO/Restructuring in Cayman vs. Chapter 11 in U.S.

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

Conference
2023 Caribbean Insolvency Symposium

ABI-Live: International/Cross-Border Litigation: Judgment Enforcement and Venue Considerations

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

Conference
2023 abiLIVE Webinar

ABI-Live: Anatomy of an Indian Insolvency Proceeding: The ABCs of India's IBC

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]

Conference
2023 abiLIVE Webinar