2023

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.

This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).

This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court.

The panelists will discuss current hot issues in cryptocurrency and the ways in which they converge with insolvency proceedings. After providing a brief cryptocurrency overview, the panelists will address legislative and regulatory updates, and their effects on bankruptcy cases. The panelists also will discuss such current cryptocurrency-focused insolvency cases as Cred, Inc., Celsius, Voyager and Three Arrows Capital, and the crypto-specific bankruptcy issues they present.

This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022).

The panel will discuss the impact of the amendments to the Cayman Companies Act, which introduce the ability of a company to restructure under the supervision of a company restructuring officer on grounds that the company is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (or classes thereof), either pursuant to the Companies Act (2021 Revision) or a foreign law or by way of a consensual restructuring. These provisions will be compared to and contrasted with U.S. chapter 11.

Sponsored by ABI's Diversity & Inclusion Working Group For all the efforts around interrupting bias and diversifying the legal profession, recent data shows that diversity continues to be a problem area in the insolvency industry. While the road to a more equitable legal profession is a long one, there are practical tools and best practices that individuals and organizations can utilize today to not only increase diversity among their attorney ranks, but also cultivate a culture of belonging within their spaces. ABI’s Diversity Working Group proudly brings you this impactful event, which will highlight the importance of active allyship, a powerful tool in making our environment more inclusive and equitable. We have assembled a fantastic panel of attorneys and DE&I professionals that, through their expertise and practical advice, will provide participants with: a brief orientation on the current state of diversity in the legal profession; new language and awareness; discussion on what it takes to be an active ally; guidance on when it is appropriate to take a stand and when it is time to stand back; and inspiring discussion on how our panelists have benefited from allies themselves. Join this one-hour webinar for a unique opportunity to deepen your understanding of diversity in our profession, and to learn how you can make a difference as you strive to be recognized as an active ally.

Sponsored by ABI's Diversity & Inclusion Working Group For all the efforts around interrupting bias and diversifying the legal profession, recent data shows that diversity continues to be a problem area in the insolvency industry. While the road to a more equitable legal profession is a long one, there are practical tools and best practices that individuals and organizations can utilize today to not only increase diversity among their attorney ranks, but also cultivate a culture of belonging within their spaces. ABI’s Diversity Working Group proudly brings you this impactful event, which will highlight the importance of active allyship, a powerful tool in making our environment more inclusive and equitable. We have assembled a fantastic panel of attorneys and DE&I professionals that, through their expertise and practical advice, will provide participants with: a brief orientation on the current state of diversity in the legal profession; new language and awareness; discussion on what it takes to be an active ally; guidance on when it is appropriate to take a stand and when it is time to stand back; and inspiring discussion on how our panelists have benefited from allies themselves. Join this one-hour webinar for a unique opportunity to deepen your understanding of diversity in our profession, and to learn how you can make a difference as you strive to be recognized as an active ally.

The first half of 2022 set a First Day record for fewest chapter 11 filings over any calendar six-month period, but chapter 11s picked up in the second half of the year, with Q4 concluding as the year’s busiest quarter and December closing out as the year's busiest month. Ignoring real estate cases, which peaked in 2021, the frequency of chapter 11 cases fell by only 1% in 2022. Despite the waning of COVID-19, companies continue to cite the pandemic as at least part of the reason for their bankruptcy filings. However, during 2022 the cause of many chapter 11 filings moved away from pandemic factors, such as work stoppages and lower demand, to supply-side macroeconomic factors, including supply chain issues, labor costs and inflation. Rising interest rates and the collapse of crypto are also becoming prominent reasons for bankruptcy filings.

Set in the game show format of “Jeopardy,” this interactive ethics session will test the knowledge of the audience, provide valuable ethics information, and encourage networking among the participants. The panelists will cover ethical and evidentiary issues that have arisen in bankruptcy cases within the Tenth Circuit and elsewhere.