International Insolvency

Valuation plays a critical role in cross-border insolvency and litigation matters, yet it often arises late in proceedings, creating challenges for practitioners. This panel will provide a practical overview of common valuation and regulatory issues that arise across jurisdictions, highlight key valuation approaches, and share real-world examples to illustrate best practices for addressing valuation challenges in complex cross-border cases.

This panel will provide an overview of recent developments and trends in chapter 15 cross-border insolvency practice. The panelists will discuss notable recent cases, emerging issues in recognition, comity and cooperation, and evolving approaches taken by U.S. courts when coordinating with foreign proceedings. The session will highlight practical considerations for foreign representatives and parties in interest navigating chapter 15 proceedings and related cross-border disputes.

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.