International Insolvency

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws.

This session will discuss the benefits and drawbacks of restructuring under chapter 11 as opposed to under a foreign restructuring scheme. The panelists include a restructuring lawyer who is familiar with the popular European restructuring schemes.

Do bankruptcy courts have jurisdiction to enter nonconsensual releases under any circumstance? This panel will explore this question and more.

This panel will focus on senior care and living facilities, and the financial pressures in the marketplace that are currently presenting challenges to their business models in the U.S. and other jurisdictions.

This session will provide an overview of recent cross-border and international decisions interpreting the UNCITRAL Model Law as incorporated in local bankruptcy and insolvency laws, as well as considerations of jurisdictional boundaries and comity principles applied to the recognition of foreign plans and claims processes.

This panel will focus on cross-border financial crime in a restructuring setting, including FCPA or sanctions violations, valuation fraud and money laundering.