International Insolvency

Subchapter V Update

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel highlights some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Carmen D. Conde-Torres
C. Conde & Associates; San Juan, P.R.
Carol L. Fox
B. Riley Advisory Services; Fort Lauderdale, Fla.
Robert C. Furr
Furr & Cohen, P.A.; Boca Raton, Fla.

Conference
2022 Caribbean Insolvency Symposium

Update on Chapter 15 and Other Hot Topics in Cross-Border Insolvency Cases

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will discuss notable chapter 15 and cross-border insolvency cases decided in the past year, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, and the use of chapter 15 to bind creditors to confirmed plans. The panelists will also discuss logistical and practical solutions in running chapter 15 cases. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Leyza Blanco, Moderator
Sequor Law; Miami
Hon. Erik P. Kimball
U.S. Bankruptcy Court (S.D. Fla.); West Palm Beach
Morgan L. Patterson
Womble Bond Dickinson; Wilmington, Del.

Conference
2022 Caribbean Insolvency Symposium

Recent Developments in Offshore Jurisdictions

The following session took place during Cross-Border Insolvency Program in June 2015. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Claudia R. Tobler, Moderator
Paul, Weiss, Rifkind, Wharton & Garrison LLP; Washington, D.C.
Matthew Crawford
Maples and Calder; George Town, Grand Cayman, Cayman Islands
Kenneth M. Krys
KRyS Global; Grand Cayman, Cayman Islands
Helena Sprenger
Houthoff Buruma, New York
Colette Wilkins
Walkers; Cayman Islands

Conference
2015 Cross-Border Insolvency Program

Opportunities and Obstacles Under New(er) Insolvency Rules in Latin America

The following session took place during Cross-Border Insolvency Program in June 2015. This panel will feature a discussion with leading experts in the field of Latin American restructurings about the recent — and not-so-recent — updates to insolvency statutes throughout the region. While some of these new insolvency regimes remain largely untested, others offer both lessons and open questions about the potential for a true convergence of Latin American restructuring laws to other more established and tested jurisdictions. Market experts will discuss the latest developments in Latin American restructurings and offer their insights into the opportunities and challenges facing investors and lenders in the current Latin American economy. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Timothy Graulich, Moderator
Davis Polk & Wardwell LLP; New York
Ashish Karandikar
Apax Partners, LP; New York
Paul J. Keenan, Jr.
Greenberg Traurig, LLP; Miami
Eduardo Augusto Mattar
Pinheiro Guimarães - Advogados; Sao Paulo, Brazil
Jorge Padilla
GE Capital; Mexico

Conference
2015 Cross-Border Insolvency Program

Bloomberg Law's Eye on Bankruptcy with Bill Rochelle: Focus on Brazil's Petrobas

The following session took place during Cross-Border Insolvency Program in June 2015. In the past few months, we have seen once-prominent Brazilian companies face financial distress as a result of governmental mistakes, political unease, global decline in oil and gas prices and the downturn in the local credit markets. Most importantly, the Petrobras bribery and corruption scandal has had wide-ranging effects on Brazilian companies, from the criminal prosecution of corporate executives to open-ended prohibitions on future contracts with Petrobras and, in some instances, fines millions of reais. Fabio Vassel and Luis DeLucio will discuss how the current Brazilian economic and political landscape is likely to impact Brazilian companies, lenders and investors in the years to come. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Luis DeLucio
Alvarez & Marsal
Fabio Vassel
Banco Brasil Plural; Sao Paulo, Brazil

Conference
2015 Cross-Border Insolvency Program

Recent Challenges Faced by Foreign Representatives Seeking Relief Under Chapter 15

The following session took place during Cross-Border Insolvency Program in June 2015. Foreign representatives have begun using chapter 15 more creatively in seeking a broad array of relief; consequently, parties in the U.S. have increasingly been raising a number of challenges. In 2014, foreign representatives were presented with a number of objections to chapter 15 relief, including objections questioning the proper location of the foreign debtor’s center of main interests and the fairness of proceedings before the foreign court. This panel will discuss cases that address these issues, including In re Octaviar Admin. Pty Ltd., In re Suntech Power Holdings Co. Ltd. and In re Rede Energia, S.A., and the steps the foreign representatives in those cases took to maximize their likelihood of obtaining relief in the U.S. The panel will also discuss whether chapter 15 recognition is a prerequisite to seeking relief in a U.S. court, and will analyze the split of authority on that issue. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Howard Seife, Moderator
Chadbourne & Parke LLP; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York
Keiran W. Hutchison
Ernst & Young; Grand Cayman, Cayman Islands
Mark McDonald
Grant Thornton (BVI) Ltd.; Tortola, BVI
Ronald J. Silverman
Hogan Lovells US LLP; New York

Conference
2015 Cross-Border Insolvency Program

Oil and Gas Restructurings: The Coming “Global Boom”?

The following session took place during Cross-Border Insolvency Program in June 2015. Many companies operating in and around the energy industry have been adversely affected by the recent precipitous drop in the price of oil, a global trend that has exposed vulnerabilities in a number of industry segments and individual companies. The companies, their exposures and the complicated issues raised by their distress span the Americas. This panel will introduce the industry and recent trends, cover the ways that these companies finance themselves and operate, and discuss a number of complex multijurisdictional finance, legal, regulatory and environmental issues that will be significant in these restructurings. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Damian S. Schaible, Moderator
Davis Polk & Wardwell LLP; New York
James Donnell
Baker & McKenzie; New York
Jonathan Lurvey
Blackstone Advisory Partners; New York
Ignacio Quesada
Alvarez & Marsal; Mexico City
David Yager
MNP, LLP; Calgary, Alta.

Conference
2015 Cross-Border Insolvency Program

Eurozone Update 2015

The following session took place during International Insolvency & Restructuring Symposium in October 2015. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Jeremy Wessels, Moderator
Mourant Ozannes; Guernsey, United Kingdom
George B. Bazinas
Bazinas Law Firm; Athens, Greece
Luis Martín Bernardo
Abencys; Madrid, Spain
Dr. H. Philipp Esser
Schultze & Braun; Achern, Germany
Tony O'Grady
Matheson; Dublin, Ireland
Prof. Ignacio Tirado
Universidad Autónoma de Madrid; Madrid

Conference
2015 International Insolvency & Restructuring Symposium

Current Restructuring Issues in Southern Europe

The following session took place during International Insolvency & Restructuring Symposium in October 2015. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

John Willcock, Moderator
Global Turnaround; London, United Kingdom
Francisco Garcia-Ginovart
Houlihan Lokey; Madrid, Spain
Juan Ibinarriaga
Bank of America Merrill Lynch; Madrid, Spain
Ana López
Freshfields Bruckhaus Deringer; Madrid, Spain

Conference
2015 International Insolvency & Restructuring Symposium

What’s Wrong with U.S. Chapter 11? A Guide for European Practitioners

The following session took place during International Insolvency & Restructuring Symposium in October 2015. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Albert Togut, Moderator
Togut, Segal & Segal LLP; New York, USA
William A. Brandt, Jr.
Development Specialists, Inc.; New York
Hon. Shelley C. Chapman
U.S. Bankruptcy Court (S.D.N.Y.); New York, USA
Damian S. Schaible
Davis Polk & Wardwell LLP; New York
Lisa M. Schweitzer
Cleary, Gottlieb, Steen & Hamilton LLP; New York

Conference
2015 International Insolvency & Restructuring Symposium