International Insolvency

This panel will explore the reasons why the U.S. is so frequently selected by foreign debtors and will focus on jurisdictional issues, the extent of the automatic stay and the ability to bind non-U.S. creditors. The panelists will examine such recent cases as Abengoa, CHC Group and foreign shipping companies.

Hosted by the International and Legislation Committees In recent years, multiple jurisdictions have reformed or modernized their insolvency laws, either through incremental amendments or by entirely replacing the legislation. In this session, attendees will hear from practitioners from various jurisdictions about what motivated the decisions to amend their insolvency laws — and how the process unfolded in practice.

Insolvency practitioners from the U.S., Canada, the Caribbean and South America provide an overview of the most significant insolvency-related developments in their respective jurisdictions.

The recent insolvencies commenced by multiple shippers and oil and gas companies have raised several issues concerning the interplay of admiralty and insolvency law, especially in light of declining commodity prices and many shippers having either pulled their vessels out of service and/or decommissioned them. These issues include the adjudication of competing claims to assets that may be located either on the water, onboard the ships, or in containers, as well as the intersection of admiralty and insolvency law applicable to oil and gas insolvencies on the competing claims on the assets owned by these companies.

In an environment where business takes place largely without regard to borders, avoidance proceedings can catch suppliers off-guard. This panel will discuss the similarities and differences among local avoidance regimes and the challenges facing suppliers dealing across borders. The panel will also address the issues encountered in attempting to enforce cross-border avoidance judgments. The panelists will also examine the scope by which bankruptcy courts may (and may not) adjudicate avoidance actions under chapter 15, as well as how avoidance actions are administered pursuant to the European Insolvency Regulation and Canadian insolvency legislation.

This panel of judges and insolvency professionals from various jurisdictions will provide insight into inter-court communications and the challenges faced by judges dealing with cross-border insolvency proceedings. The panel will discuss the use of protocols, the American Law Institute’s Guidelines Application to Court-to-Court Communications in Cross Border Cases and more.