International Insolvency

Among the many issues that need to be negotiated between England and the EU for the Brexit to happen is the one dealing with restructuring and insolvency law. The U.K. has in recent years — due to its common membership in the European Insolvency Regulation regime — turned into a hotspot for foreign companies (and individuals) wanting to avail themselves of the English legal infrastructure for their recoveries. This scheme of arrangement — the companies’ voluntary arrangement in combination with the U.K.'s enormously efficient court system — has become highly attractive, since the decisions of English courts are generally recognized automatically throughout Europe. Brexit might change this and deprive other countries of what is currently a huge advantage (and source of income). It is also unclear what will happen with all those contracts under which non-U.K. parties have subjected themselves to English law; Brexit’s implications on them are likely to create enormous problems. This panel will discuss these complicated issues and more.

p{ margin: 1em !important; } A panel discussion charting the emergence of special insolvency regimes in different jurisdictions and evaluating their effectiveness. Are industry or sector based specialist regimes the way forward?

Bill Rochelle will review the cases creating a bankruptcy buzz that practitioners should be aware of.

This session will highlight particularly interesting case law developments to date in 2017 and their impact on bankruptcy law and practice.

This panel will discuss the domestic reach of the foreign stay (Sanjel) and recognition of judgments/rulings in cross-border cases, including offshore bankruptcies, as well as non-U.S. companies filing for chapter 11 and the consequences thereof (Ocean Fisheries, Hanjin and Abengoa)

This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.

This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.