International Insolvency

This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts.

This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term.

This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver.

This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).

This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court.

The panelists will discuss current hot issues in cryptocurrency and the ways in which they converge with insolvency proceedings. After providing a brief cryptocurrency overview, the panelists will address legislative and regulatory updates, and their effects on bankruptcy cases. The panelists also will discuss such current cryptocurrency-focused insolvency cases as Cred, Inc., Celsius, Voyager and Three Arrows Capital, and the crypto-specific bankruptcy issues they present.

This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022).

The panel will discuss the impact of the amendments to the Cayman Companies Act, which introduce the ability of a company to restructure under the supervision of a company restructuring officer on grounds that the company is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (or classes thereof), either pursuant to the Companies Act (2021 Revision) or a foreign law or by way of a consensual restructuring. These provisions will be compared to and contrasted with U.S. chapter 11.

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.

The panel will discuss the difficulties of enforcing U.S. judgments against foreign assets, the basics of international asset-protection, and U.S. taxpayer traps for the unwary.