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ABI-Live: Chapter 15 Bankruptcies: Pre-Filing Considerations and Related Transactions
Chapter 15 bankruptcy cases are designed to deal with cases of cross-border insolvency offering recognition of a foreign proceeding and other relief to a foreign representative. The Bankruptcy Court’s recognition of a foreign proceeding provides powerful tools making Chapter 15 an important cross-border insolvency strategy. There are certain pre-filing considerations, however, that must be taken into account in order to obtain Chapter 15 recognition. This panel will discuss the requirements for the petitioning debtor to obtain Chapter 15 recognition, including an in-depth look at the pre-filing issues related to the debtor’s “center of main interests” (COMI) for foreign main proceedings and foreign nonmain proceedings including recent case law developments.
Trade, USMCA and Restructuring Risk in the Americas
This panel examines the status of the USMCA review process, its effect on trade and investment, and the implications for dispute resolutions under the USMCA and bankruptcy and restructuring risk across the Americas. The discussion explores the evolving U.S.-Mexico relationship from economic, political and restructuring perspectives, including trade policy, tariffs, regulatory uncertainty, supply-chain shifts and broader geopolitical considerations. The panelists discuss potential outcomes of the USMCA review and what they could mean for companies and investors operating across North America, including the potential impact on investment decisions, business strategy and restructuring risk.Learning ObjectivesSummarize the key trade policy and USMCA-related developments currently affecting restructuring risk for companies operating in the Americas.Assess how tariffs, supply chain shifts, and regulatory uncertainty under USMCA impact credit quality and increase the likelihood of financial distress in trade-sensitive sectors.Formulate strategies for assessing and managing restructuring risk arising from trade and USMCA-related disruptions when advising clients with cross-border operations in the Americas.
Keynote by Leo Zuckermann
A two-time National Journalism Award winner, host of "Es la Hora de Opinar" on FOROtv, and a columnist for Excélsior, Zuckermann combines academic rigor from Oxford, Columbia and El Colegio de México with decades of frontline journalism and privileged access to the region's decision-makers. He brings a rare insider's view of the forces shaping Latin America's economic and political future — exactly the lens restructuring professionals need right now.Learning ObjectivesIdentify the key political, legal, and economic developments shaping Mexico's current governance, rule of law, and regulatory environment.Analyze how shifts in Mexico's domestic politics and its relationship with the United States may affect business, investment, and restructuring activity in the region.Evaluate the practical implications of Mexico's political and economic trajectory for advising clients with operations, investments, or exposure in Mexico and Latin America.
Most Recent Experiences of Cross Border Cases in Mexico and LATAM
This panel brings together practitioners to share firsthand insights from recent cross-border disputes and transactions across Mexico and Latin America, highlighting emerging trends, jurisdictional challenges and practical strategies. Attendees gain a current, on-the-ground perspective on how evolving regulatory and enforcement landscapes are shaping cross-border practice in the region.Learning ObjectivesIdentify recent trends and notable outcomes in cross-border insolvency cases involving Mexico and other Latin American jurisdictions.Analyze the practical challenges of coordinating local proceedings with U.S. or other foreign courts, including issues of recognition, cooperation, and enforcement.Apply lessons learned from recent case experiences to anticipate and address cross-border complications when advising clients with interests in Mexico and LATAM.
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