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

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