International Insolvency

NO CLE - Just When You Thought You Were Out, They Pull You Back In: Clawback Claims — The Story So Far

In 2009, Fairfield Sentry Ltd.’s liquidators commenced litigation in the BVI and the U.S. to recover more than $6 billion from redeeming investors. This panel discussion will discuss the basis for clawback claims generally, the recent decision by the Privy Council, and the impact of the decision for trustees, liquidators and redeeming investors going forward.

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NO CLE - Beyond the “Four Corners” of the Document: Practical Considerations for Creditors to Obtain Debt Recovery in the Caribbean

Debt recovery in the Caribbean can sometimes require more from creditors than simply having a well-drafted set of documents containing prescribed remedies. The astute creditor should take into consideration several factors when seeking to resolve and satisfy its outstanding claims against an insolvent business entity, including the impact on the debtor’s business, an awareness of local issues, and an appreciation for the importance of relationships in preserving and fostering long-term business relationships.

If you are already a member please login to the right. Your audio or video will be available immediately, or otherwise you may Become an ABI Member

NO CLE - Beyond the “Four Corners” of the Document: Practical Considerations for Creditors to Obtain Debt Recovery in the Caribbean

Debt recovery in the Caribbean can sometimes require more from creditors than simply having a well-drafted set of documents containing prescribed remedies. The astute creditor should take into consideration several factors when seeking to resolve and satisfy its outstanding claims against an insolvent business entity, including the impact on the debtor’s business, an awareness of local issues, and an appreciation for the importance of relationships in preserving and fostering long-term business relationships.

If you are already a member please login to the right. Your audio or video will be available immediately, or otherwise you may Become an ABI Member

NO CLE - Hot Topics in Bankruptcy Litigation

This panel will discuss a range of litigation issues with a focus on legal, equitable and constitutional defenses raised in avoidance actions.

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NO CLE - Breakfast with the Judges

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NO CLE - Fixing Individual Chapter 11 Cases: An Absolute Priority

It has been more than 35 years since the last major overhaul of the laws governing individual chapter 11 cases. A widespread consensus is now emerging among the judiciary, practitioners and academics that the U.S. Bankruptcy Code requires modernization, particularly with respect to the framework governing individual chapter 11 cases. ABI’s Endowment Fund has commissioned an empirical study, the “ABI Individual Chapter 11 Study,” and a preliminary report will be considered in early 2015.

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NO CLE - “A Mari Usque Ad Mare” (From Sea to [Caribbean?] Sea): Restructuring Developments in the Bahamas, Jamaica and Trinidad — What Does Canada Have to Do with It?

The winds of change have blown strongly through the Caribbean recently, with new bankruptcy laws having been passed, or soon to be passed, in many jurisdictions over the last 12-18 months. Two of these new laws were modeled after Canadian law. This panel will examine the provisions of the new laws in broad terms and undertake a brief “compare and contrast” exercise to discuss the new laws in relation to the U.S. Bankruptcy Code and restructuring statutes in other Caribbean jurisdictions that take English law as their model.

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NO CLE - Chapter 15 Update

This panel will discuss the latest developments and cases under chapter 15 of the U.S. Bankruptcy Code.

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NO CLE - “Wait — You Can Reorganize Under State Law Now?”

This panel will review and discuss the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which was signed into law on June 28, 2014. The constitutionality of this Act has already been challenged by at least three separate lawsuits brought by different bondholder groups. A special courtroom has been designated in the San Juan Superior Courthouse, and two judges have been specially designated to deal with any filings brought pursuant to this new Act in the Commonwealth Courts.

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NO CLE - Circuit Splits and Ethical Implications

This is a chance for you to be a Supreme Court Justice. This panel will present the arguments on both sides of several important bankruptcy issues on which the circuits are split. Learn about the issues, and decide on which side of the divide you fall.

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