International Insolvency

Chapter 15 Update

The following session took place during Caribbean Insolvency Symposium in February 2016. This panel will discuss the latest cross-border insolvency decisions from U.S. and Caribbean courts. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Gregory S. Grossman, Moderator
Astigarraga Davis; Miami
Hon. Stuart M. Bernstein
US Bankruptcy Court (S.D.N.Y.); New York
Kieran Hutchison
Ernst & Young; George Town, Grand Cayman, Cayman Islands
George W. Shuster, Jr.
WilmerHale; Boston

Conference
2016 Caribbean Insolvency Symposium

Individual Chapter 11 Confirmation Mock Hearing

The following session took place during Caribbean Insolvency Symposium in February 2016. This panel will conduct a mock oral argument at the conclusion of a confirmation hearing in an individual chapter 11 bankruptcy case. Issues unique to individuals who file chapter 11 will be explored by counsel for the debtor and an objecting creditor, as well as by the three-judge panel. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Laurel M. Isicoff, Moderator
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. A. Jay Cristol
U.S. Bankruptcy Court (S.D.Fla.); Miami
William N. Lobel
Lobel, Neue & Till, LLP; Newport Beach, Calif.
Luis C. Marini-Biaggi
O’Neill & Borges LLC; San Juan
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan

Conference
2016 Caribbean Insolvency Symposium

The More Things Change, the More They Stay the Same: Cutting-Edge Issues in Commercial Fraud Cases

The following session took place during Caribbean Insolvency Symposium in February 2016. This panel will address the legal and forensic issues arising from the newest iterations of this very old form of fraud, including recent cases in the Caribbean involving “reverse merger” schemes. Panelists include the fiduciaries appointed in the wind-up of the Telex Free and Peters Ponzi schemes, two of the larges schemes in history and both with deep connections to the Caribbean. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Francis C. Morrissey, Moderator
Morrissey, Wilson & Zafiropoulos LLP; Boston
Katherine R. Catanese
Foley & Lardner LLP; New York
Stephen B. Darr
Huron Consulting Group; Inc.; Boston
Geoff Varga
Duff & Phelps; New York

Conference
2016 Caribbean Insolvency Symposium

Chapter 13 Panel

The following session took place during Caribbean Insolvency Symposium in February 2016. This panel will discuss the effects of recent decisions regarding the Puerto Rico homestead exemption in chapter 13 cases; chapter 13 debtors’ pre and post-petition causes of action, and the disclosure and determination of value of same; and the management of plan provisions, as well as objecting to and defending them. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Edgardo Mangual, Moderator
EMG Despacho Legal, CRL; San Juan
José R. Carrión
Standing Chapter 13 Trustee; San Juan
Gustavo A. Chico-Barris
Ferraiuoli LLC; San Juan
Rosamar García-Fontán
Fiddler, Gonzalez & Rodriguez, P.S.C.; San Juan
Alejandro Oliveras
Standing Chapter 13 Trustee; San Juan

Conference
2016 Caribbean Insolvency Symposium

The Intersection of Cross-Border Insolvency Proceedings, Receiverships and U.S. Bankruptcy Proceedings.

The following session took place during Caribbean Insolvency Symposium in February 2016. This panel will discuss the intersection of cross-border insolvency proceedings, such as foreign receivership and/or liquidation proceedings, and U.S. bankruptcy proceedings through a case study of such recent cases as the Scrub Island Resort, Spa & Marina in the British Virgin Islands and the Baha Mar Casino & Hotel in the Bahamas. The panel will explore the issues that arise when these proceedings meet, the enforceability of orders emanating from each, the role that fiduciaries have therein, and the practical and legal differences, as well as advantages and disadvantages, between them. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Leyza Blanco, Moderator
GrayRobinson, PA; Miami
W. Keith Fendrick
Holland & Knight LLP; Tampa, Fla.
James W. Fox
GlassRatner Advisory & Capital Group LLC; New York
Jeremy C. Hollembeak
Kobre & Kim; New York
Charles A. Postler
Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.

Conference
2016 Caribbean Insolvency Symposium

Chapter 7 Panel

The following session took place during Caribbean Insolvency Symposium in February 2016. This panel will provide practical advice to attendees from the viewpoint of a chapter 7 trustee, an accountant and an attorney regarding completeness of schedules, how to properly prepare a debtor to face a chapter 7 trustee interrogation, and discussions on several administrative matters such as late-filed claims, asset-liquidation accounting and § 341 hearing continuances. The panel will also cover recent chapter 7 case law developments. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Javier Vilariño, Moderator
Vilariño & Associates LLC; San Juan
Christian Alcalá
Friedman & Feiger, San Juan
Wigberto Lugo-Mener, Jr.
Chapter 7 Panel Trustee, Guaynabo, P.R.
Noreen Wiscovitch-Rentas
Chapter 7 Panel Trustee; San Juan

Conference
2016 Caribbean Insolvency Symposium

Puerto Rico Judges Panel

The following session took place during Caribbean Insolvency Symposium in February 2016. Puerto Rico judges will discuss attorneys’ fees in chapter 13 cases; summons, service of process, defaults and default judgments; the Puerto Rico homestead exemption law and recent decisions; and conducting evidentiary hearings (handling witnesses, documents and objections). All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Antonio Arias, Moderator
McConnell Valdés LLC; San Juan
Hon. Mildred Cabán
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Edward A. Godoy
U.S. Bankruptcy Court (D. P.R.); Ponce
Hon. Enrique S. Lamoutte
U.S. Bankruptcy Court (D. P.R.); San Juan
Hon. Brian K. Tester
U.S. Bankruptcy Court (D. P.R.); San Juan

Conference
2016 Caribbean Insolvency Symposium

Comprehending the Crisis: A Survey of Puerto Rico’s History and Fiscal Situation, and Paths Forward

The following session took place during Caribbean Insolvency Symposium in February 2016. The panel will discuss Puerto Rico’s present economic condition/situation, the sequence of events that have led to PR’s present economic crisis, what should/can be done to restructure PR’s debt, whether chapter 9 is an appropriate tool to restructure PR’s debt or a solution to its economic condition, and the legal issues that PR is likely to confront in light of its economic crisis. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Hon. Enrique S. Lamoutte, Moderator
U.S. Bankruptcy Court (D. P.R.); San Juan
Zachary H. Smith, Co-Moderator
Moore & Van Allen PLLC; Charlotte, N.C.
Carmen D. Conde-Torres
C. Conde & Associates; San Juan
Ingrid Bagby
Cadwalader, Wickersham & Taft LLP; Washington, D.C.
Martha E.M. Kopacz
Phoenix Management Services; Boston

Conference
2016 Caribbean Insolvency Symposium

Cross-Border Update

The following session took place during Cross-Border Insolvency Program in November 2017. Insolvency practitioners from the U.S., Canada, the Caribbean and South America will provide an overview of the most significant insolvency-related developments in their respective jurisdictions. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

R. Adam Swick, Moderator
Reid Collins & Tsai LLP, Austin TX
Kelly J. Bourassa
Blake, Cassels & Graydon LLP, Calgary AB
Gilberto Deon Correa, Jr.
Souto, Correa, Cesa, Lummertz & Amaral; Porto Alegre, Brazil
Malhar S. Pagay
Pachulski Stang Ziehl & Jones LLP; Los Angeles
Mark Russell
HSM Chambers, Grand Cayman
David Soden
Deloitte; London

Conference
2017 Cross-Border Insolvency Program

Issues in Cross-Border Insolvencies/Admiralty and Shipping

The following session took place during Cross-Border Insolvency Program in November 2017. The recent insolvencies commenced by multiple shippers and oil and gas companies have raised several issues concerning the interplay of admiralty and insolvency law, especially in light of declining commodity prices and many shippers having either pulled their vessels out of service and/or decommissioned them. These issues include the adjudication of competing claims to assets that may be located either on the water, onboard the ships, or in containers, as well as the intersection of admiralty and insolvency law applicable to oil and gas insolvencies on the competing claims on the assets owned by these companies. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Kenneth Coleman, Moderator
Allen & Overy LLP; New York
James L. Bromley
Cleary Gottlieb Steen & Hamilton LLP; New York
Andrew Rosenblatt
Norton Rose Fulbright US LLP, New York, NY
Hon. John K. Sherwood
U.S. Bankruptcy Court (D. N.J.); Newark
Kieran E. Siddall
Norton Rose Fulbright Canada LLP, Vancouver, BC
Al Togut
Togut, Segal & Segal LLP; New York

Conference
2017 Cross-Border Insolvency Program