International Insolvency

In 2012, an ABI commission examined the role of hedge funds in chapter 11 cases, including the impact of such funds on the bankruptcy process. Among other things, the study found that hedge funds were prevalent in chapter 11 cases and played an “activist role” in shaping bankruptcy outcomes. Despite this finding, many lawyers and business professionals who enter the restructuring world lack familiarity with hedge funds, how they function and how they can apply in a bankruptcy context. This webinar will serve as an introductory primer on hedge funds in bankruptcy and will: *Provide a non-technical overview of hedge funds and hedge fund concepts for beginners; *Explain how hedge funds can come into play in a bankruptcy case; *Explain how hedge funds can positively or negatively impact the bankruptcy process; and *Provide tips for professionals on dealing with hedge fund issues in bankruptcy cases.

Cross-Border Enforcement of Orders in Restructuring Cases

A panel of German insolvency professionals will discuss the recent reform of the German insolvency regime and its implications for the stakeholders in restructuring and/or insolvency proceedings and share their views and experience on the practical application of the reformed law with the audience.

We live in the so called information and communication times. But the media carrying these information are in distressed situation. The entire industry faces a strategic turmoil, be it DVDs, CDs, newspapers, magazine or books. The panel will address the change of lifestyle, the adaption of the business and its failures.

The Renewable Energy Sector is supposed to be booming, but it does not, in fact huge company failures hit the scenery. The panel discusses the WHY? and the WHAT NOW? Is it possible to restructure and how so? Speakers will cover solar and wind energy issues.

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).