International Insolvency

ABI-Live: A Closer Look at the Dutch WHOA and the English RP: New Takes on Flexible Restructuring

The following session took place during ABI-Live Webinar in May 2022. It has been more than a year since the new Dutch Act on court-sanctioning of private composition to avoid bankruptcy, the so-called WHOA or Dutch Scheme, entered into force. The new Dutch Scheme has received a lot of attention in the (international) market because it offers a flexible restructuring tool in the Netherlands, a jurisdiction that plays an important role in many international restructurings. Notably, the Dutch Scheme introduced debtor-in-possession proceedings, which aim to achieve debt-restructurings outside of formal Dutch bankruptcy processes. Join this panel of experts as they take a look at the Dutch Scheme and the similarities it has to U.S. chapter 11 and English scheme processes, and whether these similarities can also be seen in practice. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Vincent Vroom, Moderator
Loyens & Loeff; Amsterdam, Netherlands
Jenny Davidson
Weil, Gotshal & Manges LLP; London
Hon. Martin Glenn
U.S. Bankruptcy Court (S.D.N.Y.); New York
Krijn Hoogenboezem
Dentons; Amsterdam, Netherlands

Conference
2022 abiLIVE Webinar

It Is a Legal Entity, Jim, but Not as We Know It: SPACs, SPCs and More

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs). All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Laura S. Hatfield, Moderator
Bedell Cristin; Grand Cayman, Cayman Islands
Thomas M. Horan
Cozen O'Connor; Wilmington
Casey McDonald
Calderwood; Grand Cayman, Cayman Islands
Paula Richmond
Kalo; Grand Cayman, Cayman Islands

Conference
2022 Caribbean Insolvency Symposium

Recognition and Joint Appointments

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Andrew Thorp, Moderator
Harneys; Tortola, BVI
Charlotte Caulfield
Kalo Advisors; Tortola, BVI
Shane Donovan
Mourant; Tortola, BVI
Nathan Mills
R&H Restructuring; Tortola, BVI
Anna Silver
FFP; Tortola, BVI

Conference
2022 Caribbean Insolvency Symposium

Health Care Update

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will discuss the current and post-pandemic view of the impact of mandatory vaccinations on post-acute care, including the relaxation of the three-day rule on quality of staffing, bracing for changes in the future of infection control, the effects of cost structures from PPE expenditures, the movement toward home health care, visitation limitations and their psychological effects on patients, patient care ombudsmen and their usefulness, the impact of COVID-19 on private equity and varying facets of post-acute care, and insolvency and exit strategies for health care providers. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Frank P. Terzo, Moderator
Nelson Mullins Riley & Scarborough LLP; Fort Lauderdale, Fla.
Richard T. Arrowsmith
FTI Consulting, Inc.; Washington, D.C.
Samuel R. Maizel
Dentons; Los Angeles
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington

Conference
2022 Caribbean Insolvency Symposium

Can I Pay for this Restructuring with Points? Distressed Debt in the Travel & Hospitality Industry

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel discusses the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Luis M. Lluberas, Moderator
Moore & Van Allen; Charlotte, N.C.
Hon. Caryl E. Delano
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Brian J. Shloss
Summit Investment Management LLC; Denver
Troy T. Taylor
Algon Group; Atlanta

Conference
2022 Caribbean Insolvency Symposium

Rise & Shine with the Judges

The following session took place during Caribbean Insolvency Symposium in February 2022. This informal panel of judges will discuss the latest and most interesting cases they have presided over, and the lessons they’ve learned. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Patricia A. Redmond, Moderator
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.; Miami
Hon. Caryl E. Delano
U.S. Bankruptcy Court (M.D. Fla.); Tampa
Maria de los Angeles Gonzalez
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. David R. Jones
U.S. Bankruptcy Court (S.D. Tex.); Houston
Hon. Gregory R. Schaaf
U.S. Bankruptcy Court (E.D. Ky.); Lexington

Conference
2022 Caribbean Insolvency Symposium

Mass Torts Update

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Vincent F. Alexander, Moderator
Lewis Brisbois Bisgaard & Smith LLP; Fort Lauderdale, Fla.
Jeffrey K. Garfinkle
Buchalter, P.C.; Irvine, Calif.
Hon. David R. Jones
U.S. Bankruptcy Court (S.D.TX.); Houston
Andrew M. Troop
Pillsbury Winthrop Shaw Pittman LLP; New York

Conference
2022 Caribbean Insolvency Symposium

Cryptocurrency Management Strategies in Bankruptcy

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will provide an update on cryptocurrency’s adoption and integration into the global financial system. The panelists will share practical approaches for bankruptcy practitioners to identify, take possession of and manage cryptocurrency in bankruptcy cases. The panelists will also discuss strategies for debtors in possession and bankruptcy trustees to preserve the value of crypto-estate property. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Alan R. Rosenberg, Moderator
Markowitz Ringel Trusty & Hartog, P.A.; Miami
James S. Feltman
Kroll, LLC; Miami
Brad M. Kahn
Akin Gump Strauss Hauer & Feld LLP; New York
Kevin Madura
AlixPartners, LLP; Washington, D.C.

Conference
2022 Caribbean Insolvency Symposium

Maximizing Value of the Bankrupt Estate

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel focuses on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Kai McGriele, Moderator
Bedell Cristin; Grand Cayman, Cayman Islands
John Royle
Grant Thornton; Grand Cayman, Cayman Islands
R. Adam Swick
Reid Collins & Tsai LLP; Austin, Texas
Jessica Williams
Harneys; Grand Cayman, Cayman Islands

Conference
2022 Caribbean Insolvency Symposium

Cross-Border Insolvency and Fraud Litigation Update

The following session took place during Caribbean Insolvency Symposium in February 2022. The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel explores the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Alissa M. Nann, Moderator
Foley & Lardner LLP; New York
Joel E. Cohen
Stout Risius Ross, LLC; New York
Jennifer Fox
Ogier; Grand Cayman, Cayman Islands
Evan J. Zucker
Blank Rome LLP; New York

Conference
2022 Caribbean Insolvency Symposium