International Insolvency

A panel of eminent U.S. professionals will discuss current trends in U.S. insolvencies and restructurings, explore current legislation, comment on developments in the financial sector for distressed lending and highlight any emerging trends.

Chapter 15 proceedings, recognition and enforcement, establishment of the COMI. Non CLE.

This panel will discuss recent Supreme Court cases.

Recent cases have evidenced one form of jurisdictional migration and two forms of venue migration. As to the jurisdictional migration, international companies with virtually no U.S. connection seek to, and generally succeed at, establishing a sufficient U.S. presence to file a Chapter 11 in the United States because, if there are reorganization proceedings in the countries that are their COMIs, they are perceived as inadequate (Marco Polo, Omega, GenMar). What has worked for non-U.S. companies seeking to invoke U.S. Bankruptcy Court jurisdiction, and what is the legal authority? Venue migration is nothing new--debtors file in their place of incorporation rather than the venue in which their headquarters or primary operations are. What are the factors that go into that decision? Finally, sometimes debtors are forced to migrate back. What factors have resulted in a change of venue? (Houghton Mifflin and Patriot Coal).

Legal and cultural investor considerations in specific European jurisdictions (e.g., U.K., Germany and Spain); how the option of U.S. chapter 11 influences investor outcomes; update on the status of bankruptcy reforms in European jurisdictions; multi-jurisdictional issues within European restructurings; how the distressed market functions and impacts restructurings (liquidity, transparency, etc.)

How does a U.S. court deal with allegations that a foreign proceeding or judicial system is flawed or corrupt?; dealing with “corporate groups”; the continuing saga of Nortel, Vitro and Elpida; cooperation and enforcement of judgments

A Comity of Errors: International Electronic Communications and Cyber-fraud in Transnational Bankruptcy Cases

This panel of leading bankruptcy lawyers, sponsored by Lexis® Practice Advisor, will feature a discussion of new provisions and practices for debtors, lenders, creditors and buyers in DIP Financings, 363 Sales, and Chapter 15s.

BK 360 Revisited: ABI Past-Presidents Panel

The core of restructuring in the United States is the value of the entity at various points in time. The valuation of the post-restructured business plan is one of the most contentious yet essential components of restructuring. In the U.S. valuation takes on a strategic and tactical significance. It impacts the form of restructure, sale v. reorganization, and going concern v. liquidation. This panel contrasts approaches used by other jurisdictions around the world.