West Virginia State Approved Sessions

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.

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.

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.

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.

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.

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.

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 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 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.

What do you do when your client comes to you in an emergency, and what is and is not an emergency for the purpose of first-day motions? How do you prepare for a bankruptcy filing with virtually no time to spare? How do you stabilize operations through a short transition, and what do you do if there is an out-of-the-gate motion to dismiss for bad faith? This panel will aim to help you keep your calm in a crisis so that your efforts culminate in a successful case.Learning Objectives:Attendees will recognize common crisis scenarios that arise immediately before and after a bankruptcy filing and distinguish true emergencies requiring first-day relief.Attendees will develop strategies for rapidly preparing a bankruptcy filing and first-day motions when time and information are limited.Attendees will examine practical approaches for stabilizing operations and responding to early case challenges, including motions to dismiss for alleged bad faith.