International Insolvency

Find out not only what the hot new issues are in chapter 15 proceedings, but also the answers to issues that no one talks about. For example, can chapter 15 be used to bring a cause of action? Can a foreign debtor recognized under chapter 15 use § 108 to extend limitations, and can such a debtor seek turnover pursuant to § 542(e)? Come hear our panel discuss these and other important chapter 15 questions.

Structuring Cross-Border Deals to Protect Creditor Interests

In 2009, Fairfield Sentry Ltd.’s liquidators commenced litigation in the BVI and the U.S. to recover more than $6 billion from redeeming investors. This panel discussion will discuss the basis for clawback claims generally, the recent decision by the Privy Council, and the impact of the decision for trustees, liquidators and redeeming investors going forward.

Debt recovery in the Caribbean can sometimes require more from creditors than simply having a well-drafted set of documents containing prescribed remedies. The astute creditor should take into consideration several factors when seeking to resolve and satisfy its outstanding claims against an insolvent business entity, including the impact on the debtor’s business, an awareness of local issues, and an appreciation for the importance of relationships in preserving and fostering long-term business relationships. Join us as we explore some of the practical considerations of debt recovery in the Caribbean and strategies for helping your clients.

Debt recovery in the Caribbean can sometimes require more from creditors than simply having a well-drafted set of documents containing prescribed remedies. The astute creditor should take into consideration several factors when seeking to resolve and satisfy its outstanding claims against an insolvent business entity, including the impact on the debtor’s business, an awareness of local issues, and an appreciation for the importance of relationships in preserving and fostering long-term business relationships. Join us as we explore some of the practical considerations of debt recovery in the Caribbean and strategies for helping your clients.

This panel will discuss a range of litigation issues with a focus on legal, equitable and constitutional defenses raised in avoidance actions.

It has been more than 35 years since the last major overhaul of the laws governing individual chapter 11 cases. A widespread consensus is now emerging among the judiciary, practitioners and academics that the U.S. Bankruptcy Code requires modernization, particularly with respect to the framework governing individual chapter 11 cases. ABI’s Endowment Fund has commissioned an empirical study, the “ABI Individual Chapter 11 Study,” and a preliminary report will be considered in early 2015. This panel will discuss and debate various views as to what revisions should be made to the laws governing individual chapter 11 cases.