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International Insolvency

Cross-Border Bankruptcy Issues

This panel will cover developments in cross-border restructurings, including the increasing trend in chapter 11 filings by international companies and resulting jurisdictional issues, the rollout of the EU directive and its impact on the international restructuring landscape, and potential challenges to recognition of a U.K. Part 26(A) “Super Scheme" in the U.S. Additional developments in chapter 15 case law will also be discussed.
1 hour 14 minutes 54 seconds

ABI-Live: A Closer Look at the Dutch WHOA and the English RP: New Takes on Flexible Restructuring

It has been more than a year since the new Dutch Act on court-sanctioning of private composition to avoid bankruptcy, the so-called WHOA or Dutch Scheme, entered into force. The new Dutch Scheme has received a lot of attention in the (international) market because it offers a flexible restructuring tool in the Netherlands, a jurisdiction that plays an important role in many international restructurings. Notably, the Dutch Scheme introduced debtor-in-possession proceedings, which aim to achieve debt-restructurings outside of formal Dutch bankruptcy processes. Join this panel of experts as they take a look at the Dutch Scheme and the similarities it has to U.S. chapter 11 and English scheme processes, and whether these similarities can also be seen in practice.
1 hour 5 minutes 43 seconds

Maximizing Value of the Bankrupt Estate

This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.
1 hour 2 minutes 28 seconds

Recognition and Joint Appointments

This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.
1 hour 3 minutes 30 seconds

Health Care Update

This panel will discuss the current and post-pandemic view of the impact of mandatory vaccinations on post-acute care, including the relaxation of the three-day rule on quality of staffing, bracing for changes in the future of infection control, the effects of cost structures from PPE expenditures, the movement toward home health care, visitation limitations and their psychological effects on patients, patient care ombudsmen and their usefulness, the impact of COVID-19 on private equity and varying facets of post-acute care, and insolvency and exit strategies for health care providers.
1 hour 9 minutes 35 seconds