2026

This session provides an overview of the key dynamics, challenges and opportunities shaping restructuring proceedings in Mexico, with practical insights for navigating the process effectively.Learning ObjectivesIdentify the key stages and stakeholders involved in a Mexican concurso mercantil proceeding, and describe how the process differs from restructuring proceedings in other jurisdictions.Analyze how Mexican insolvency law and practice shape creditor recoveries, negotiation dynamics, and stakeholder outcomes in a concurso mercantil.Evaluate the practical considerations for coordinating Mexican restructuring proceedings with cross-border tools, including Chapter 15, when advising clients with interests in Mexican debtors or assets."

This panel explores how shifting geopolitical dynamics and energy market shocks are shaping restructuring risk across Latin America. The panelists discuss the broader economic and political forces driving distress in the region and their implications for companies and investors. Attendees gain insight into how these trends may influence future restructuring activity.Learning ObjectivesOutline the key geopolitical and energy market factors currently driving restructuring risk for companies and sovereigns in Latin America.Discuss how currency instability, commodity price volatility, and shifting trade and investment policies affect credit quality and increase the likelihood of financial distress in the region.Develop strategies for anticipating and responding to geopol"

This panel explores the lifecycle of a deal in Latin America, from liability-management trends to IPOs and the exit strategies companies and investors ultimately pursue. The panelists offer their perspectives on how these stages intersect and evolve in today's political and market environment.Learning ObjectivesIdentify the common liability management techniques used in Latin American restructurings and the legal and practical considerations that shape their use.Examine the range of exit strategies available to companies and creditors in distressed situations, including out-of-court solutions, local insolvency mechanisms, and cross-border tools.Assess the risks and strategic trade-offs associated with liability management transactions and exit strategies, and apply this analysis to advise clients navigating financial distress in the region.

This panel examines asset-tracing and avoidance actions in Latin American insolvency proceedings, offering practical insights into recovering assets, challenging pre-insolvency transfers, and maximizing value for creditors.Learning ObjectivesIdentify the key U.S. and international sanctions frameworks affecting distressed investing and restructuring activity in Latin America and Venezuela, including relevant licensing and compliance considerations.Analyze how sovereign risk and political instability shape deal structuring, due diligence, and risk allocation in distressed transactions within the region.Evaluate strategies for pursuing distressed opportunities and mitigating sanctions-related and sovereign risk exposure when advising clients on LATAM and Venezuela-related transactions."

This panel explores asset tracing and avoidance actions in Latin American insolvency proceedings, highlighting strategies for recovering value, uncovering hidden assets, and maximizing creditor recoveries across jurisdictions.Learning ObjectivesIdentify the key methods and tools used to trace and locate assets in cross-border insolvency proceedings, with a focus on challenges specific to Latin American jurisdictions.Examine the legal standards and procedural requirements for pursuing avoidance actions (including fraudulent transfer and preference claims) in cross-border insolvency cases.Assess strategies for coordinating asset recovery efforts across multiple jurisdictions, including how to navigate differing legal frameworks and cooperation mechanisms to maximize creditor recoveries.

In this panel you will explore how companies can leverage cross-border insolvency frameworks and Chapter 15 recognition to preserve equity value and achieve successful restructurings.Learning ObjectivesIdentify the key non-U.S. insolvency and restructuring regimes commonly used alongside Chapter 15, and analyze how they can be structured to preserve equity value for stakeholders.Analyze the requirements and strategic considerations for recognition of foreign proceedings under Chapter 15, including how cross-border coordination affects the treatment of equity and control.Evaluate practical approaches to structuring cross-border restructurings that maximize the likelihood of preserving equity, while managing the risks and limitations inherent in ancillary Chapter 15 proceedings.

Most bankruptcy litigation ends at the negotiating table, not in the courtroom. This panel will explore the strategies and practical considerations that drive successful settlements in bankruptcy disputes. Experienced bankruptcy litigators will discuss how to evaluate litigation risk, determine when and how to initiate settlement discussions, and explore how to use mediation effectively and navigate difficult negotiations. The panelists also will address Rule 408 considerations, documenting settlements, obtaining necessary bankruptcy court approval, and avoiding common pitfalls that can derail a deal. Attendees will leave with practical strategies for resolving bankruptcy disputes efficiently while protecting their clients’ interests.

This panel examines the ethical and procedural framework governing inadvertent disclosures of privileged materials in bankruptcy practice. The discussion explores the bankruptcy-specific complications (from compressed discovery timelines and multi-party productions to trustee succession issues) that arise when privilege is breached and offering practical guidance for preventing and managing these disclosures.Learning Objectives:Attendees will understand the ethics rules and procedural framework (Model Rules 1.6(c) and 4.4(b), FRCP 26(b)(5)(B), and FRE 502(b)) governing inadvertent disclosure of privileged materials and the duties triggered.Attendees will recognize bankruptcy-specific complications that heighten inadvertent disclosure risk, including compressed case timelines, multi-party document flows among debtors, committees, and trustees, and privilege succession issues following trustee appointment.Attendees will identify practical strategies for preventing inadvertent disclosures and effectively managing a clawback dispute once one occurs, from FRE 502(d) orders and tiered review protocols to crisis-response steps for producing and receiving counsel.

This panel explores recent trends in high profile fraud-driven bankruptcies and the impact on the various constituencies involved; provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context, including the types of claims and potential defenses commonly at issue in fraud cases; and provides practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.Learning Objectives:Attendees will identify recent trends in high-profile fraud-driven bankruptcies and their impact on various constituencies involved in the case.Attendees will recognize common types of fraud claims and potential defenses that arise in the bankruptcy context.Attendees will apply practical strategies for identifying, addressing, and litigating fraud-related issues in bankruptcy proceedings.

Subchapter V was supposed to make reorganization simpler, but plan confirmation often remains a complex part of these small chapter 11 cases. This panel addresses some of the key pressure points: plan feasibility, balloting, acceptance and consensuality, post-confirmation stay issues, post-confirmation true-ups, and post-confirmation trustee roles (including payment of trustee fees). These issues can make or break a small business debtor's path to emergence.Learning Objectives:Attendees will identify the key pressure points in Subchapter V plan confirmation, including plan feasibility, balloting, and acceptance and consensuality requirements.Attendees will evaluate strategies for navigating post-confirmation issues, including stay considerations, post-confirmation true-ups, and the role of the Subchapter V trustee (including payment of trustee fees).Attendees will apply practical approaches to guiding small business debtors through the plan confirmation process toward successful emergence.