International Insolvency

In 2024 alone, more than 517,000 bankruptcy cases were filed in the U.S., and bankruptcy judges issued an estimated 521 reported decisions, plus another 1,241 unreported decisions. How many of those cases and issues are you familiar with? You might know what the Supreme Court did in Purdue Pharma, what the Third Circuit did in Boy Scouts, what the Fourth Circuit did in Bestwall, and what bankruptcy courts are doing in cases like Red River Talc, Celsius and FTX, but do you know the latest trends in equitable tolling, chapter 5 avoidance claims and conversion rights? Bill Rochelle and this panel of esteemed bankruptcy judges will be holding a lively discussion of a few critical-but-under-the-radar decisions that you should be reading about but likely are not. You won’t want to miss this educational and eye-opening conversation!

Hosted by the Commercial & Regulatory Law and International Committees. This panel will discuss the fast-changing landscape of crypto regulation across different jurisdictions, and the effects it is having on crypto-focused bankruptcies both here and abroad.

As cross-border restructurings become increasingly common, understanding how different jurisdictions approach restructuring plans is essential for practitioners advising multinational clients. This panel will examine and compare key features of restructuring frameworks in the U.S., U.K., Canada and the Netherlands, highlighting similarities, differences, and recent developments shaping international practice.

The intersection between insolvency and arbitration remains one of the most complex and unsettled areas of cross-border dispute resolution. This panel will examine the ongoing debate within UNCITRAL Working Group V on determining which law governs the effect of insolvency proceedings on arbitration agreements and arbitral proceedings, and how different jurisdictions approach this question in practice.

The U.K. Scheme of Arrangement and other international restructuring tools have attracted global attention for their flexibility and effectiveness. This panel will explore whether the U.S. should adopt a similar framework, and will analyze potential benefits, challenges and implications for debtors and creditors within the existing chapter 11 system.

This panel will provide a comprehensive overview of recent developments affecting cross-border insolvency practice. The panelists will include updates on third-party releases and the Credito Real appeal by the U.S. Trustee, recent trends in asset-tracing across offshore jurisdictions, and emerging issues in the Caribbean and Canada, including evolving director duties and disqualification regimes.

Private credit has rapidly become one of the most dynamic areas of the capital markets, with significant implications for corporate restructurings and bankruptcy practice. Morgan O’Neill of Sound Point Capital Management will explore how private credit is shaping financing strategies, influencing restructuring outcomes, and redefining the relationships among borrowers, lenders and investors. Attendees will gain insights into current market trends, the opportunities and risks driving private credit, and what these developments mean for the future of distressed investing and restructuring.

Private credit has rapidly grown into a multi-trillion-dollar market, reshaping the landscape of corporate finance and restructuring. With global private credit expected to rise from nearly US$2 trillion in 2023 to US$3 trillion by 2028, the influence of private credit funds as key creditors is undeniable. But questions remain as to how these funds will behave in the next major downturn, given their limited experience in workouts and restructuring. This panel will explore the evolving dynamics among private credit funds, banks, private equity and ratings agencies, and consider whether the growth of “private” markets reflects innovation or regulatory arbitrage. Attendees will gain practical insights into what restructuring professionals need to know as private credit cements its role at the center of future distressed situations.

The global automotive industry is facing unprecedented disruption, from supply chain pressures and shifting consumer demand to the transition toward electrification and stricter regulatory frameworks. These forces are creating unique restructuring challenges and opportunities across both the U.S. and European markets. This panel will bring together experts to compare approaches on both sides of the Atlantic, examining how legal, financial and operational strategies differ and the lessons that can be drawn from recent high-profile cases. Attendees will gain insights into emerging risks, cross-border considerations, and the tools available to manage distress in one of the world’s most complex and rapidly evolving industries.