International Insolvency

This panel will discuss eligibility issues and strategies related to chapters 11 and 15, filing in other jurisdictions, and cases such as Modern Land, Global Cord Blood and Comair Ltd.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

With the evolution of international bankruptcy law, is there still a case for chapter 11? Which jurisdictions have shown themselves to be more beneficial to certain parties in interest? This panel will cover these issues and more.

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong. The principal creditors were unsecured bondholders and equityholders with securities litigation claims. In order to protect Luckin from its creditors, restructuring officers were appointed in the Cayman Islands, and the company’s debt was successfully restructured. This international panel of experts will discuss the case and lessons restructuring professionals can learn from it.

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong. The principal creditors were unsecured bondholders and equityholders with securities litigation claims. In order to protect Luckin from its creditors, restructuring officers were appointed in the Cayman Islands, and the company’s debt was successfully restructured. This international panel of experts will discuss the case and lessons restructuring professionals can learn from it.

This panel will focus on recent updates and trends in the Cayman Islands related to arbitrations and mediations, Russian sanctions and other important developments.

This panel will discuss challenges faced by bankruptcy practitioners in subchapter V cases, including unique eligibility issues, effects of conversions, subchapter V trustee powers and obligations, among other developing topics and recent case law updates. The panelists also will discuss the strategic differences and approaches to be considered by parties in interest in a subchapter V case.

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.