International Insolvency

Cross-border financings almost always lie at the heart of cross-border insolvency cases, and holding an enforceable lien usually spells the difference between recovery and loss in such cases. This panel will focus on creating, perfecting and enforcing liens on assets held by Caribbean borrowers, as well as on the 2010 amendments to Article 9 of the U.S. Uniform Commercial Code that became effective in July. Topics will include UNCITRAL’s legislative guide on secured transactions, the Organization of American States’ Model Inter-American Law on Secured Transactions, competing forums for resolving disputes over liens on Caribbean assets, Article 9’s choice-of-law rules, and financing concepts peculiar to common law countries in the Caribbean (e.g., the distinction between fixed and floating charges and crystallization).

In 2013, ABI issued its Final Report of the ABI National Ethics Task Force, and the Executive Office for U.S. Trustees set forth new guidelines for reviewing applications for compensation and reimbursement of expenses filed under § 330 of the Bankruptcy Code for attorneys in larger chapter 11 cases. In addition, the Cayman Islands and the Bahamas have experienced developments with respect to retention and compensation of attorneys. This panel will discuss the ethical implications of these developments.

There are many lawyers and business professionals who enter the restructuring world without accounting or business backgrounds and have a learning curve to overcome when it comes to, for instance, getting a snapshot of the current financial picture of a business by reviewing financial statements or understanding what goes into monthly operating reports and cash flow analyses. This webinar will therefore serve as a useful tool for professionals by: *Reviewing in a non-technical manner accounting basics for beginners; *Reviewing financial statements and monthly operating reports and the types of information included in such documents; *Explaining what restructuring professionals look for when reviewing financial statements or MORs to determine the issues facing a given company.

In keeping with the theme of “understanding financial concepts,” this webinar focuses on how financial information should be presented in a litigation scenario. This is certainly not a topic limited to attorneys, as it is often financial advisors, investment bankers, accountants and other professionals who must support litigation efforts or serve as experts in eliciting testimony about financial documents. To provide restructuring professionals with a useful resource in understanding how to present financial documents as evidence, this webinar will offer the following: *A non-technical overview of rules of evidence applicable when analyzing and presenting financial documents for discovery or as trial evidence *Tips on presenting financial information and eliciting (or providing) expert testimony regarding financial documents.

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.