International Insolvency

This program will present expert practitioner and judicial ABI Views on current developments in chapter 15 practice, including new decisions and legislative proposals. It will also introduce the new UNCITRAL model law as to enterprise group insolvency, and discuss developments in cross-border practice with Mexico.

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

With so many tiers of global supply chains and multinational investments being connected to China, financial risk is magnified when there is a widespread interruption, such as the current coronavirus pandemic. Extended disruption of supply chains could lead companies to financial distress and possible bankruptcy. The resulting distress from the disruption could also activate insurance-related claims and litigation, further complicated by interpretations of "force majeure" (unforeseeable circumstances) clauses in insurance policies. A recent Wall Street Journal article detailed how plunging shipping volumes out of China due to shutdowns in the wake of the outbreak have crimped industrial production worldwide. As the coronavirus continues to spread in China and other parts of the world, it is critical for businesses to reassess their connections to global supply chains, evaluate workforce-related issues, and examine risk-minimization and quantization brought about by the pandemic.

The rise and fall of the rule of law in Russia since the breakup of the Soviet Union has been dynamic and unpredictable. What started out as a robust, exciting and uncertain fledgling democracy and reform to a market economy based on the rule of law devolved into something different, something less. Judge Brooks will trace his experience since 1991 working with Russian legal reformers as they endeavored to establish a nascent democracy and market economy built on a rule of law, an independent judiciary, principles of transparency, private property and open society.

This panel will explore recent cases and trends of credit bidding in chapter 11 cases. Many lenders are now requesting up-front approval of credit bid rights in debtor-in-possession financing orders, which would curtail the bankruptcy court’s ability to modify or limit credit bidding rights under Bankruptcy Code § 363(k) later on when the assets are auctioned. The panel will examine recent decisions on credit bidding and what limitations courts have applied to a secured creditor’s right to credit bid in bankruptcy cases. The panel will also explore cross-border issues concerning credit bidding on groups of assets that are be owned by foreign entities, and the interplay between courts concerning the sale of these types of assets.

This session will examine the UNCITRAL Model Law recognition and enforcement of foreign insolvency-related judgments, and will update attendees on the current drafts related to enterprise groups and medium, small and micro-insolvencies.

The push for more uniform systems allowing for the exchange of restructuring efforts between countries continues unabated. This panel will discuss the last year or two of developing trends in the U.S. as they reflect this growing international paradigm, and will also comment on recent cases and decisions of note covering the international restructuring experience.