Co-Chairs Corner

Enter a keyword

Welcome to the ABI International Committee’s Spring 2022 Newsletter. We thank all the members of the committee for their continued support, and we encourage you to get involved with the committee over the coming year. Please reach out to us if you are interested in contributing to a future newsletter, have an idea for a conference panel, or just want to get more involved.

We are planning to host a virtual meet-and-greet for committee members in June. Be on the lookout for an email with further information about this event. Since our last newsletter, the committee has been busy putting on some exceptional programing, including:

  • Teaming up with the American College of Bankruptcy, International Insolvency Institute (III), TMA Europe, INSOL and IWIRC to put on the International Insolvency & Restructuring Symposium + Cross-Border Insolvency Program, a three-day virtual event that was presented on ABI’s innovative online platform Nov. 17-19, 2021. The program included the annual “America Now” update featuring U.S. bankruptcy judges, a “Far East” update, and variety of interesting panels touching on developments and trends in insolvency and restructuring across the globe.
  • Partnering with the Legislative and Secured Credit Committees at the Winter Leadership Conference in December 2021, the committee presented the “Chapter 11 Issues and the Airline Industry” panel. This session examined recent trends and issues in the chapter 11 reorganizations of airlines, with a particular focus on foreign-based airlines that have sought chapter 11 protection in the U.S., such as Avianca Airlines, Aeroméxico, Philippine Airlines and LATAM Airlines. The panel also briefly touched on governmental and legislative initiatives in the U.S. and Europe, taken in response to COVID-19, that (for the time) staved off formal reorganization proceedings for most U.S.- and European-based airlines. Abi President and Retired Bankruptcy Judge Kevin Carey (Hogan Lovells US LLP) moderated the panel, which included Hon. Martin Glenn (S.D.N.Y.), who is overseeing the Avianca chapter 11 case; Cecily Dumas (BakerHostetler), who regularly represents aircraft lessors; Kyle J. Ortiz (Togut, Segal & Segal), who is co-counsel to the LATAM debtors and acted as an expert witness in connection with the Philippine Airlines recognition proceeding in the Philippines; and Evan Fleck (Milbank) who represents Avianca in its chapter 11 case.
  • Continuing with the aviation theme, the committee presented “So We Own a Plane in Mexico? Asset-Recovery and Cross-Border Insolvency” at the Annual Spring Meeting in Washington, D.C., in April 2022. The distinguished panel of Robbin Itkin (Sklar Kirsch), Jane Kim (Keller Benvenutti Kim), Leyza Blanco (Sequor Law), Douglas Deutsch (Clifford Chance) and Joseph R. Dunn (Mintz Levin) discussed some of the challenges of recovering assets subject to a pending cross-border proceeding in a foreign jurisdiction.

The International Committee is now focused on developing content for upcoming events, including the International Insolvency & Restructuring Symposium in London in October and the Winter Leadership Conference in La Quinta, Calif., in December. But you don’t have to wait for those conferences to enjoy amazing content, as this newsletter features articles on a variety of trending cross-border topics, including:

  • Appealability of Discovery Orders Under Chapter 15,” by R. Adam Swick of Reid Collins & Tsai LLP (Austin, Texas).
  •  “The Rise of “Reverse’ Vesting Orders in the Canadian Insolvency Regime,” by Asim Iqbal and Monica Faheim of Miller Thomson LLP (Toronto).
  • “A New Perspective on the Recognition of Foreign Insolvency Proceedings in Mexico,” by Prof. Rosa M. Rojas Veritz of ITAM University (Progreso Tizapán, Mexico).

Special thanks go to the International Committee’s newsletter editors, Ben Sewell (Sewell & Kettle Lawyers; Sydney, Australia) and Adam Crane (Baker & Partners; Cayman Islands) for putting together another timely and informative newsletter! This is Ben’s last newsletter as an editor, because he is taking on an Education Chair position. We thank Ben for his service as a newsletter editor the past two years.

Speaking of new leadership positions, we are excited to announce our new slate of leaders within the International Committee for 2022-23:

  • Co-Chair: Evelyn Meltzer, Pepper Hamilton LLP; Wilmington, Del.
  • Co-Chair: Kyle Ortiz, Togut, Segal & Segal LLP; New York
  • Education: Oksana Koltko Rosaluk, DLA Piper; Chicago
  • Education: Ben Sewell, Sewell & Kettle Lawyers; Sydney, Australia
  • Newsletter: Adam Crane, Baker & Partners; Cayman Islands
  • Newsletter: Josh Pichinson, AgencyIP; Mountain View, Calif.
  • Communications: R. Adam Swick, Reid Collins & Tsai LLP; Austin, Texas
  • Special Project Leader: Ken Kraft, Dentons; Toronto
  • Member Relations: Mingeli Wu, McDonald Hopkins; Chicago

Contact information can be found on the International Committee’s website at abi.org/membership/committees/international. All newsletters and past webinars are also accessible on the website.

Finally, if you are itching for more international content, please check out ABI’s recently re-launched Global Insolvency webpage, where you can find the latest news on issues pertaining to global insolvency and search for resources on a country-by-country basis. The Global Insolvency webpage can be found at https://globalinsolvency.com.

Happy reading!

—Evelyn and Kyle

Co-Chairs

Authors