International Insolvency

This panel will discuss recent trends and issues in cross-border cases, including the impact of the Supreme Court’s ruling in Purdue Pharma, the continuing trend of foreign airlines reorganizing in the U.S., how updates to foreign insolvency systems have made restructuring outside the U.S. a more regular occurrence for multinational companies, and creative uses for chapter 15 when a plenary chapter 11 proceeding is not available or advisable.Learning ObjectivesAttendees will understand current developments in cross-border restructuring, including Chapter 11 and Chapter 15 filings involving foreign entities and U.S. companies restructuring abroad.Attendees will examine emerging and novel uses of Chapter 15, including strategies addressing third-party releases, cannabis-related restructurings, and involuntary proceedings against foreign debtors.Attendees will analyze practical and strategic issues in international insolvency proceedings, including jurisdictional challenges and coordination across legal systems.

Moderated by ABI’s Bill Rochelle, seven bankruptcy judges from New York, Delaware, Houston and New Jersey will predict how the Supreme Court is likely to rule on the most controversial issues in reorganization, Subchapter V and Chapter 13.Learning ObjectivesAttendees will gain insight into how bankruptcy judges view emerging and contentious issues in reorganization cases, Subchapter V, and Chapter 13.Attendees will explore judicial perspectives on how the Supreme Court may approach unresolved or split issues in bankruptcy practice.Attendees will examine practical implications of differing judicial interpretations for debtors, creditors, and case strategy.

Industry experts will break down the forces reshaping hospitality—from operational and market pressures to legal and restructuring considerations. The discussion includes a focused look at hospitality challenges in Mexico and concludes with forward‑looking financial and investment insights to help stakeholders navigate the current market.Learning Objectives:Attendees will learn to:Analyze operational, market and legal pressures currently affecting hospitality sector restructurings in domestic and international markets.Identify cross-border legal and regulatory considerations specific to hospitality distress in Mexico and other international jurisdictions.Evaluate financial restructuring strategies and investment opportunities emerging from current hospitality market conditions.

In this interactive roundtable, bankruptcy judges will engage in a candid discussion of prominent recent bankruptcy cases and decisions shaping the current insolvency landscape. Drawing on their judicial perspectives, the judges will explore emerging legal trends, notable rulings and practical implications for practitioners while highlighting areas of doctrinal development and unresolved questions.

This panel will discuss the key legal frameworks governing foreign evidence collection and judgment enforcement across several jurisdictions, including the U.S., England and the Cayman Islands. The panelists will discuss practical strategies for obtaining and using evidence from cross-border investigations in insolvency proceedings, including cross-border cooperation and recognition mechanisms, as well as discovery tools such as § 1782 and Rule 2004, Norwich Pharmacal orders and officeholder powers.

This panel will address the expectations for professionalism and civility in the conduct of litigation in and out of court, examining the different perspectives of the U.S., U.K. and Colombia in regards to their respective ethics rules and cultural frameworks.

This panel will provide an in-depth examination of the statutory frameworks governing fraudulent transactions in both the Cayman Islands and the U.S. Through a comparative lens, the discussion will analyze how different jurisdictions approach avoidance actions and fraudulent-transfer claims. The panelists also will explore recent and influential decisions from the U.S., Cayman and English courts — including Bilta and Air Arabia — to illustrate emerging trends and judicial reasoning in cross-border insolvency matters. The session will conclude with a practical discussion of the strategic considerations, procedural hurdles and real-world challenges insolvency practitioners face when investigating and pursuing fraudulent transaction claims across jurisdictions.

This panel will analyze evolving approaches to the characterization of digital assets, focusing on the treatment of crypto in the GENIUS Act and the implications for priority, setoff, and customer vs. estate property rights. The panelists will discuss key recent decisions, including In re Prime Core and Celsius, addressing what constitutes property of the estate, the contours of constructive trusts and tracing, and the allocation of rights among customers, lenders and estate fiduciaries. The panel also will examine the legal status of stablecoins, including whether any super-priority liens can prime lawyers’ retaining or charging liens, and will assess the latest FTX decisions on sanctions, OFAC, and the permissibility of transfers to creditors in restricted jurisdictions such as China and Russia. Collectively, the panelists will present a practical framework for advising clients and litigating crypto-related insolvency issues across jurisdictions.

This session will focus on the unique challenges presented by distressed private investment funds, with an emphasis on identifying fraud risk and managing funds approaching the end of their lifecycle. The panelists will discuss common fraud red flags encountered in distressed fund scenarios and the practical steps professionals can take to investigate, mitigate and respond to those risks. The panel also will explore strategies for handling “end of life” funds, including wind-down considerations, stakeholder communications and regulatory issues. Particular attention will be paid to Cayman Islands’ segregated portfolio company (SPC) structures, highlighting structural complexities and best practices for insolvency, restructuring and recovery efforts.

This panel will examine conflicts of laws in cross‑border insolvency, focusing on U.S. standing rules versus foreign recovery statutes, offshore jurisdictional reach, and choice‑of‑law challenges. It will also provide practical strategies for planning around these issues to mitigate risk and achieve enforceable outcomes.