ABI Caribbean Insolvency Symposium

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ABI Caribbean Insolvency Symposium

February 9-11, 2017 Grand Cayman, Cayman Islands


Event Information 243125

Thursday, February 9

4:30 p.m.


6:00-7:30 p.m.

Opening Reception

Friday, February 10

7:30-8:00 a.m.

Registration and Continental Breakfast

8:00-8:15 a.m.

Welcome and Opening Remarks

8:15-9:30 a.m.

Offshore Alert: Changes to Insolvency Laws and Rules in the Bahamas

The Hon. Mr. Justice Ian Winder

Supreme Court of the Bahamas; New Providence, The Bahamas

Brian M. Moree

McKinney Bancroft & Hughes; Nassau, The Bahamas

Brian Simms

Lennox Paton; Nassau, The Bahamas

9:30-9:45 a.m.

Refreshment Break

Sponsored by Solomon Harris

9:45-10:45 a.m.

Buying and Investing in Bankruptcy Litigation: A New Paradigm

This panel will explore the following questions: Who is your client? What is the decision-making process for your client (veto)? Who is liable for sanctions for actions in the case? The panel will also discuss attorney/client privilege, mediation (and who needs to be there) and champerty concerns.

Prof. Jan L. Jacobowitz, Moderator

University of Miami School of Law; Coral Gables, Fla.

Justin G. Brass

Burford Capital LLC; New York

Warren E. Gluck

Holland & Knight LLP; New York

James C. Little

Drumcliffe Partners; Wilmington, Del.

10:45-11:45 a.m.

“You Can't Always Get What You Want…”: Update on Chapter 15 Assistance to Foreign Trustees and by Caribbean Courts in U.S. Cases

This panel will discuss issues that have arisen in recent chapter 15 cases, including the several issues presented in the Hanjin Shipping Co. case. The panel will also address how Cayman courts approach applications for assistance by foreign representatives, as well as the factors considered by Cayman courts when Cayman liquidators request authority to seek chapter 11 or chapter 15 relief in the U.S. courts.

Hon. Robert A. Mark, Moderator

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

Hon. Shelly C. Chapman

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

Prof. Andrew Dawson

University of Miami School of Law; Coral Gables, Fla.

Rachael Reynolds

Ogier; Camana Bay, Grand Cayman, Cayman Islands

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

Refreshment Break

12:00-1:15 p.m.

Judges’ Roundtable

Patricia A. Redmond, Moderator

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

Hon. Laurel M. Isicoff

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. Brian K. Tester

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

Saturday, February 11

7:30-8:00 a.m.

Continental Breakfast

8:00-9:15 a.m.

Concurrent Sessions (2)

Zika in the Caribbean, and Other Stinging Health Care Insolvency Issues

This panel will explore a review of Health City Cayman Islands and its potential insights for U.S. soaring medical costs, the health care impact of the Zika virus throughout the Caribbean nations, and an update on Puerto Rico’s health care industry and other hot health care insolvency issues.

Hon. Brian K. Tester, Moderator

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

Melissa Davis

KapilaMukamal; Fort Lauderdale, Fla.

Samuel R. Maizel

Dentons; Los Angeles

Tiffany D. Payne

BakerHostetler, Orlando, Fla.

Frank P. Terzo

GrayRobinson, P.A.; Fort Lauderdale, Fla.

Part I: I Ain’t Afraid of No Laws! Legal Issues for Attorneys When Creating, Defending or Chasing Offshore Assets

This panel will address the differences between the laws of various Caribbean nations (Nevis, Cayman, Panama) and the U.S. concerning the creation of various legal entities/structures to hold assets, as well as those nations’ laws concerning (1) privacy, (2) taxation, (3) piercing the corporate veil/sham structure and (4) avoidance actions. This session will also consider U.S. courts’ jurisdictional ability to enter and enforce orders affecting such entities and their power to assert jurisdiction over persons who are involved with and professionals who represent such entities.

C.R. Bowles, Moderator

Bingham Greenebaum Doll LLP; Louisville, Ky.

Jonathan E. Gopman

Akerman LLP; Naples, Fla.

Ira L. Herman

Blank Rome LLP; New York

9:15-10:30 a.m.

Concurrent Sessions (2)

Puerto Rico’s Financial Crisis: The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) in Action

This panel will explore the oversight board created under PROMESA, including (1) a simplified overview of the law with a summary of each chapter, (2) the key players and their roles (e.g., PROMESA oversight board, executive director, revitalization coordinator, etc.), (3) highlights from the first 90 days of PROMESA, (4) a comparison/contrast of PROMESA with the DC and NYC financial crises, and (5) the major challenges faced by the oversight board to improve Puerto Rico’s financial condition (restructuring, economic development, fiscal reform).

Hon. Enrique S. Lamoutte, Moderator

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

Sonia Colon

Ferraiuoli, LLC; Orlando, Fla.

Carmen Conde

C. Conde & Associates; San Juan, Puerto Rico

Kevin Lavin

Ankura Consulting Group, LLC; New York

John J. Rapisardi

O’Melveny & Myers LLP; New York

Zachary H. Smith

Moore & Van Allen PLLC; Charlotte, N.C.

Part II: Finding Dory’s Assets! How to Find Money and Make Sure It Stays Put

This panel will discuss the kinds of asset information that can be obtained depending on who is looking for it (i.e., liquidator/receiver/trustee in bankruptcy, creditor), including the decision in In re Petroforte Brasileiro de Petroleo Ltda and how to make sure that assets, once found, don’t disappear.

Laura Hatfield, Moderator

Solomon Harris; George Town, Grand Cayman, Cayman Islands

Graeme Halkerston

Wilberforce Chambers; London

Keiran Hutchison

Ernst & Young Ltd.; Grand Cayman, Cayman Islands

Hon. Laurel M. Isicoff

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

Paul Smith

Conyers Dill & Pearman; Grand Cayman

10:30-10:45 a.m.

Refreshment Break

10:45 a.m.-12:00 noon

Concurrent Sessions (2)

Keep Calm and Carry On Investing

This panel will explore the decision of the U.K. to leave the European Union in June 2016 and its many far-reaching political implications for hedge funds and the private-equity industry, many of which are still generally unclear. The recent U.S. presidential elections also waged war on the private-equity industry, and on hedge funds in particular. The panel will look at how Brexit and the U.S. elections have impacted and continue to impact hedge funds and the private-equity industry, particularly in terms of managing, distributing and exiting funds. It will also examine what it means for the restructuring and winding-up of entities commonly used in the hedge fund and private-equity industry generally and those sectors that are most likely to be impacted, with a particular focus on the Cayman Islands, Ireland and the U.S.

Wayne P. Weitz, Moderator

EisnerAmper LLP; New York

Rebecca Hume

Kobre & Kim LLP; Camana Bay, Grand Cayman, Cayman Islands

Michael Pearson

Fund Fiduciary Partners Ltd.; George Town, Grand Cayman, Cayman Islands

Derbhil O’Riordan

Dillon Eustace; George Town, Grand Cayman, Cayman Islands

In This Corner, Arbitration; in the Other, Bankruptcy: Welcome to the Main Event!

This panel will discuss the interplay of arbitration clauses in a liquidation scenario, including what it can mean when a party decides to argue a dispute subject to an arbitration clause and seeks to wind up the company, or when a potential claim within an estate is subject to an arbitration clause.

Kenneth M. Krys, Moderator

KRyS Global; Grand Cayman, Cayman Islands

Katherine R. Catanese

Foley & Lardner LLP; New York

Leah M. Eisenberg

Arent Fox LLP; New York

Caroline Moran

Maples and Calder; George Town, Grand Cayman, Cayman Islands

Andrew Thorp

Harneys; Road Town, Tortola, British Virgin Islands

12:00 p.m.



Conference Chairs

Rudy J. Cerone, Co-Chair

McGlinchey Stafford PLLC; New Orleans, LA

Mariaelena Gayo-Guitian, Co-Chair

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

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, P.A.; Miami

C. R. “Chip” Bowles

Bingham Greenebaum Doll LLP; Louisville, Ky.

Katherine R Catanese

Foley & Lardner LLP; New York

Sonia Colon

Ferraiuoli LLC; Orlando, Fla.

Carmen D. Conde Torres

C. Conde & Associates; San Juan

Melissa Davis

KapilaMukamal, LLP; Fort Lauderdale, Fla.

Prof. Andrew B. Dawson

University of Miami School of Law; Miami

James Fox

GlassRatner Advisory & Capital Group LLC; New York

Gregory S. Grossman

Astigarraga Davis Mullins & Grossman, PA; Miami

Laura Hatfield

Solomon Harris; George Town, Grand Cayman, Cayman Islands

Rebecca Hume

Kobre & Kim LLP; Cayman Islands

Hon. Laurel Myerson Isicoff

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

Kenneth M. Krys

KRyS Global; George Town, Grand Cayman, Cayman Islands

Hon. Enrique S. Lamoutte

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

Edguardo Mangual-Gonzalez

EMG Dispacho Legal; San Juan

Isaac M. Marcushamer

Berger Singerman LLP; Miami

Jerry M. Markowitz

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

Jennifer M. Meyerowitz


Francis C. Morrissey

Morrissey, Wilson & Zafiropoulos, LLP; Boston

Charles A. Postler

Stichter, Riedel, Blain & Postler, P.A.; Tampa, Fla.

Patricia A. Redmond

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

Zachary H. Smith

Moore & Van Allen PLLC; Charlotte, NC

Wayne P. Weitz

EisnerAmper LLP; New York

Conference Information


Fronting Grand Cayman’s famous Seven Mile Beach, the recently renovated Westin Grand Cayman Seven Mile Beach Resort & Spa is in the heart of Grand Cayman, with easy access to Grand Cayman’s best attractions, including scuba diving, shopping and golf.


ABI has arranged for a special conference rate of $399 single/double. To secure this special rate, reservations must be made by January 9, 2017. 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.


The Westin Grand Cayman Seven Mile Beach Resort & Spa 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.

Continuing Education Credit

8.75 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 10.5 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 of 8.75 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 10.5 credit hours. 10.5 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 [email protected].

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if notice of cancellation is received in writing by January 19, 2017. No refunds will be made if notice is received after January 19, although substitutions will be allowed. After January 19, 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.



EisnerAmper LLP; New York
Genovese Joblove & Battista, PA
GrayRobinson, PA
Solomon Harris
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA


Bingham Greenebaum Doll LLP
Kobre & Kim LLP
McGlinchey Stafford, PLLC
Moore & Van Allen PLLC
Stichter, Riedel, Bain & Prosser, P.A.


Astigarraga Davis Mullins & Grossman, PA
Arent Fox
Berger Singerman
C. Conde & Associates
Dillon Eustace
Ferraiuoli LLC
Foley & Lardner LLP
FTI Consulting
Garden City Group
GlassRatner Advisory & Capital Group LLC
Holland & Knight
KapilaMukamal LLP
KRyS Global
Markowitz Ringel Trusty & Hartog


Registration Rates* Early Bird
(postmarked by 11/18/16)
(after 1/13/17)

ABI Member
New ABI Member*
ABI Govt./Aca. Member
New ABI Govt./Aca. Member*

*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.