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Event Information 113414

Thursday, February 5

6:00-8:00 p.m.

Opening Reception

Friday, February 6

7:30-8:00 a.m.

Registration and Continental Breakfast

8:00-8:15 a.m.

Welcome and Opening Remarks

Christopher A. Jarvinen, Conference Chair

Berger Singerman, LLP; Miami

8:15-9:30 a.m.

“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. If Puerto Rico can restructure its debts under this state law, will this be an alternative for other states or jurisdictions? Is an alternative to this Act amending the Bankruptcy Code? Will this Act withstand constitutional challenges?

Hon. Brian K. Tester, Moderator

U.S. Bankruptcy Court (D. P.R.); San Juan

Sonia Colón

Ferraiuoli LLC; Orlando, Fla.

Carmen D. Conde-Torres

C. Conde & Associates; San Juan, P.R.

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Isaac Marcushamer

Berger Singerman LLP; Miami

9:30-9:45 a.m.

Refreshment Break

Sponsored by Solomon Harris

9:45-10:45 a.m.

Chapter 15 Update

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

Gregory S. Grossman, Moderator

Astigarraga Davis; Miami

Hon. Shelley C. Chapman

U.S. Bankruptcy Court (S.D.N.Y.); New York

Prof. Andrew (Drew) B. Dawson

University of Miami School of Law; Miami

Mariaelena Gayo-Guitian

Genovese Joblove & Battista, P.A.; Fort Lauderdale, Fla.

David Walker

PricewaterhouseCoopers LLP; Grand Cayman, Cayman Islands

10:45-11:45 a.m.

“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.

Laura Hatfield, Moderator

Solomon Harris; George Town, Grand Cayman, Cayman Islands

Rebecca Hume

Kobre & Kim

Keiran Hutchinson

EY; Bahamas

Hilary Reid

Myers, Fletcher & Gordon; Kingston, Jamaica

Sheryl E. Seigel

McMillan LLP; Toronto

E. Patrick Shea

Gowling Lafleur Henderson LLP; Toronto

11:45 a.m.-12:00 noon

Refreshment Break

Sponsored by KRyS Global

12:00-1:00 p.m.

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. This panel will discuss and debate various views as to what revisions should be made to the laws governing individual chapter 11 cases.

Hon. A. Jay Cristol, Moderator

U.S. Bankruptcy Court (S.D. Fla.); Miami

C.R. “Chip” Bowles, Jr.

Bingham Greenebaum Doll LLP; Louisville, Ky.

James T. Markus

Markus Williams Young & Zimmermann LLC; Denver

Zach B. Shelomith

Leiderman Shelomith; Fort Lauderdale, Fla.

Claudia R. Tobler

Paul, Weiss, Rifkind, Wharton & Garrison LLP; Washington, DC

1:00 p.m.

Optional Event: Scuba Dive

Sponsored by BMC Group

Join us for an afternoon of excitement and adventure exploring the famous waters of Grand Cayman! The pristine waters and abundant sea life will delight even the most experienced divers. This will be a two tank dive with snacks included. Certified divers should bring their c-card, BCD and regulator. Wetsuit, mask, fins and snorkels can be provided by the dive shop but you are welcome to bring your own if you prefer. The cost is $150. Please check the appropriate box on the registration form.

Saturday, February 7

8:00-9:15 a.m.

Breakfast with the Judges

Patricia A. Redmond, Moderator

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

Hon. Frank J. Bailey

U.S. Bankruptcy Court (D. Mass.); Boston

Hon. Shelley C. Chapman

U.S. Bankruptcy Court (S.D.N.Y.); New York

Hon. A. Jay Cristol

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Hon. Robert A. Mark

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. John K. Olson

U.S. Bankruptcy Court (S.D. Fla.); Fort Lauderdale

Hon. Brian K. Tester

U.S. Bankruptcy Court (D. P.R.); San Juan

9:15-10:45 a.m.

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.

Hon. Robert A. Mark, Moderator

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Frank J. Bailey

U.S. Bankruptcy Court (D. Mass.); Boston

Prof. Jessica D. Gabel

Georgia State University College of Law; Atlanta

Paul J. McMahon

Paul Joseph McMahon, P.A.; Miami

Roger G. Schwartz

Latham & Watkins LLP; New York

10:45-11:00 a.m.

Refreshment Break

11:00 a.m.-12:00 noon

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. Join us as we explore some of the practical considerations of debt recovery in the Caribbean and strategies for helping your clients.

Bruce Sim, Moderator

GlassRatner Advisory & Capital Group, LLC; Atlanta

Sam Billard

Aird & Berlis LLP; Toronto

Joseph “Jody” P. Davis III

Greenberg Traurig; Boston

George K. Miller

Mayer Brown LLP; New York

Luis Salazar

Salazar Jackson; Miami

12:00-1:00pm

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.

Charlotte Caulfield, Moderator

KRyS Global; Tortola, British Virgin Islands

Malcolm Arthurs

Martin Kenney & Co.; Tortola, British Virgin Islands

Marc Kish

Harneys; Grand Cayman, Cayman Islands

Guy Manning

Campbells; Grand Cayman, Cayman Islands

Andrew Westwood

Maitland Chambers; London

 

1:00pm

Adjourn

 

Caribbean Insolvency Symposium Advisory Board

Conference Chairs

Christopher A. Jarvinen, Conference Chair

Berger Singerman LLP; Miami

Patricia A. Redmond, Conference Co-Chair

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

Hon. Robert A. Mark, Judicial Chair (Miami)

U.S. Bankruptcy Court (S.D. Fla.); Miami

Hon. Brian K. Tester, Judicial Chair (Caribbean)

U.S. Bankruptcy Court (D. P.R.); San Juan

Advisory Board

Joaquin J. Alemany

Holland & Knight LLP; Miami

Leyza F. Blanco

GrayRobinson, PA; Miami

Sonia Colon, Esq.

Ferraiuoli LLC; Orlando, Fla.

Carmen D. Conde Torres

C. Conde & Associates; San Juan

Prof. Andrew B. Dawson

University of Miami School of Law; Miami

Mariaelena Gayo-Guitian

Genovese Joblove & Battista, PA; Fort Lauderdale, Fla.

Ronald L. Glass

GlassRatner Advisory & Capital Group LLC; Atlanta

Gregory S. Grossman

Astigarraga Davis Mullins & Grossman, PA; Miami

Amy Denton Harris

Stichter, Riedel, Blain & Prosser, PA; Tampa, Fla.

Laura Hatfield

Solomon Harris; George Town, Grand Cayman, Cayman Islands

Hon. Laurel Myerson Isicoff

U.S. Bankruptcy Court (S.D. Fla.); Miami

Soneet R. Kapila

KapilaMukamal, LLP; Fort Lauderdale, Fla.

Robert J. Keach

Bernstein Shur; Portland, ME

Kenneth M. Krys

KRyS Global; Grand Cayman, Cayman Islands

Hon. Enrique S. Lamoutte

U.S. Bankruptcy Court (D. P.R.); San Juan

Jerry M. Markowitz

Markowitz, Ringel, Trusty + Hartog, P.A.; Miami

Francis C. Morrissey

Morrissey, Wilson & Zafiropoulos, LLP; Boston

Luis Salazar

Salazar Jackson, LLP; Miami

Charles W. Throckmorton

Kozyak Tropin & Throckmorton, PA; Miami

Mark J. Wolfson

Foley & Lardner LLP; Tampa, Fla.

 

Conference Information

Hotel

Fronting Grand Cayman’s famous Seven Mile Beach, the recently renovated Westin Grand Cayman is in the heart of Grand Cayman with easy access to the area’s best attractions, including scuba diving, shopping and golf. ABI has arranged for a special conference rate of $389 single/double. To secure this special rate, reservations must be made by January 2, 2015. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort. You can make your reservation directly with the hotel by contacting its reservations department at (345) 945-3800 and identifying yourself with the Caribbean Insolvency Symposium/ABI room block.

Travel

The Westin Grand Cayman is conveniently located only 10 minutes from Grand Cayman’s International Airport, a short flight from Miami International Airport. U.S. travelers will be required to have a current passport to travel to the island.

Cancellation Policies

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 15, 2015. No refunds will be made if notice is received after January 15, although substitutions will be allowed. After January 15, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the cancelling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.

Continuing Education

7.5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 9 hours of general CLE credit are pending in 50-minute-hour states. Credit hours granted are subject to approval from each state. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of7.5 hours. NY MCLE: This transitional and non-transitional program has been approved in accordance with the requirements of the CLE Board for a maximum of 9 credit hours toward professional practice. 9 hours of CPE credit are also available.

 

*ABI offers intermediate-level courses, which assume that attendees will have at least some detailed knowledge of insolvency matters (pursuant to the “Statement on Standards for CPE Programs” established by AICPA and NASBA). ABI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417, or www.nasba.org. For more information regarding administrative policies such as complaint and refund, please contact the American Bankruptcy Institute at (703) 739-0800.

ABI acknowledges that in some instances there will be persons who need to attend an educational seminar for CLE credit who are not able to pay full registration fees. ABI will handle such instances on a case-by-case basis and will work with the individual on alternative solutions. For persons who cannot meet the full registration rate, ABI will offer a reduced rate based on what the individual can reasonably afford to cover the cost of meals and materials. For persons unable to pay a reduced rate, we may allow the individual to work at our registration area for a few hours during attendee check-in, or assist in conference set-up. ABI also has reduced rates for government employees, professors, law clerks and students. Illinois Attorneys: If registration fees are more than $500, attorneys who qualify will receive a reduction of at least 50% off the registration fee. For information on tuition assistance, send an e-mail to jguirguis@abiworld.org.

2015 Caribbean Insolvency Symposium Sponsors

Hurricane Sponsors

Berger Singerman LLP

BMC Group

Genovese Joblove & Battista, PA

GrayRobinson, PA

KRyS Global

Solomon Harris

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.

Trade Wind Sponsors

GlassRatner Advisory & Capital Group, LLC

Greenberg Traurig, LLP

Kobre & Kim LLP

Moore & Van Allen, PLLC

Stichter, Riedel, Blain & Prosser, PA

Bahama Breeze Sponsors

Astigarraga Davis

Bingham Greenebaum Doll LLP

Ferraiuoli LLC

Foley & Lardner LLP

FTI Consulting, Inc.

Holland & Knight LLP

KapilaMukamal, LLP

Kozyak Tropin & Throckmorton, P.A.

Latham & Watkins, LLP

Markowitz Ringel Trusty & Hartog, P.A.

Rawlinson & Hunter

Thompson & Knight LLP

Registration Rates

 

Registration Rates

Early Bird 
(postmarked by 11/14/14)

Regular 
(11/15/14-1/9/15)

Late 
(after 01/9/15)


ABI Member $395 $445 $495
New Member* $670 $720 $770

Govt./Aca. Member

$245 $295 $345

Govt./Aca. New Member*

$340 $390 $440

 

* Includes a one-year membership for first-time members only — a $295 value! You must be an ABI member to attend. Membership is individual and nonrefundable. If your membership has expired, choose the member rate and add in your renewal fee.