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Appealing Positions: Everything You Need to Know about Appeals

This panel will explore the nuts and bolts of bankruptcy appeals, taking into account the needs of one’s clients, examining the do’s and don’ts for an effective appeal, discussing the differences of appealing to the Bankruptcy Appellate Panel versus electing to proceed before the district court, the limits of appellate jurisdiction over interlocutory appeals, and addressing strategies for a successful appeal.
58 minutes 39 seconds

ABI-Live: Creditor Committees and Individual Creditors in Asset Sales

The Asset Sales Committee will host a webinar on the roles of secured, undersecured and unsecured creditors and committees in asset sales and bidding processes involving complex capital structures. The discussion will focus on the challenges and complications that can arise in seeking an expedited sale free and clear of claims and liens and means by which creditors and committees can use the sale process to their advantage. View Materials
1 hour 1 minutes 57 seconds

Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets

This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.

Zika in the Caribbean, and Other Stinging Health Care Insolvency Issues

This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.

“You Can't Always Get What You Want…”: Update on Chapter 15 Assistance to Foreign Trustees and by Caribbean Courts in U.S. Cases

This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts.
1 hour 1 minutes 1 seconds

ABI Live Webinar: Everything You Need to Know About Bankruptcy Appeals

The ABI Bankruptcy Litigation Committee presents a must-see webinar for bankruptcy practitioners about the appeals process. The panel will explore the nuts and bolts of bankruptcy appeals – the statutes, rules, and decisions governing how to obtain appellate review of different types of bankruptcy court orders and the mechanics of initiating and prosecuting appeals. The panel will also discuss the differences between the district court and the BAP appeals, as well as procedures for direct appeals to circuit courts. Finally, the panel will turn to strategic considerations, including whether and how to obtain a stay pending appeal, standards of review, and — most importantly — how to win your appeal. The distinguished panel of appellate judges and practitioners will offer their views on best practices for brief writing and conducting persuasive oral arguments in both intermediate appellate courts and circuit courts, as well as common errors to avoid in oral argument. View Materials
1 hour 31 minutes 31 seconds