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Subchapter V Update


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?

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


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.

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


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.

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


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.

Recent Challenges Faced by Foreign Representatives Seeking Relief Under Chapter 15


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.

Eurozone Update 2015



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