Cross-Border Insolvency Program 2015

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Cross-Border Insolvency Program 2015

June 18, 2015 42 West 44th St, New York, NY 10036

Welcome to ABI’s Cross-Border Insolvency Program, being held at the Association of the Bar of the City of New York! The program features a unique gathering of speakers from several nations discussing today’s most relevant cross-border cases and topics. Be sure to join us for this timely program!


Event Information 228222

Thursday, June 18

8:15-9:00 a.m.

Registration and Coffee/Tea

9:00-9:15 a.m.

Welcome by Conference Leadership

9:15-10:30 a.m.

Oil and Gas Restructurings: The Coming “Global Boom”?

Many companies operating in and around the energy industry have been adversely affected by the recent precipitous drop in the price of oil, a global trend that has exposed vulnerabilities in a number of industry segments and individual companies. The companies, their exposures and the complicated issues raised by their distress span the Americas. This panel will introduce the industry and recent trends, cover the ways that these companies finance themselves and operate, and discuss a number of complex multijurisdictional finance, legal, regulatory and environmental issues that will be significant in these restructurings.

Damian S. Schaible, Moderator

Davis Polk & Wardwell LLP; New York

James Donnell

Baker & McKenzie; New York

Jonathan Lurvey

Blackstone Advisory Partners; New York

Ignacio Quesada

Alvarez & Marsal; Mexico City

David Yager

MNP, LLP; Calgary, Alta.

10:30-10:45 a.m.

Coffee Break

Sponsored by KRyS Global

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

Recent Challenges Faced by Foreign Representatives Seeking Relief Under Chapter 15

Foreign representatives have begun using chapter 15 more creatively in seeking a broad array of relief; consequently, parties in the U.S. have increasingly been raising a number of challenges. In 2014, foreign representatives were presented with a number of objections to chapter 15 relief, including objections questioning the proper location of the foreign debtor’s center of main interests and the fairness of proceedings before the foreign court. This panel will discuss cases that address these issues, including In re Octaviar Admin. Pty Ltd., In re Suntech Power Holdings Co. Ltd. and In re Rede Energia, S.A., and the steps the foreign representatives in those cases took to maximize their likelihood of obtaining relief in the U.S. The panel will also discuss whether chapter 15 recognition is a prerequisite to seeking relief in a U.S. court, and will analyze the split of authority on that issue.

Howard Seife, Moderator

Chadbourne & Parke LLP; New York

Hon. Shelley C. Chapman

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

Keiran W. Hutchison

Ernst & Young; Grand Cayman, Cayman Islands

Mark McDonald

Grant Thornton (BVI) Ltd.; Tortola, BVI

Ronald J. Silverman

Hogan Lovells US LLP; New York

12:00-1:15 p.m.

Bloomberg Law's Eye on Bankruptcy with Bill Rochelle: Focus on Brazil's Petrobas

Sponsored by Solomon Harris

In the past few months, we have seen once-prominent Brazilian companies face financial distress as a result of governmental mistakes, political unease, global decline in oil and gas prices and the downturn in the local credit markets. Most importantly, the Petrobras bribery and corruption scandal has had wide-ranging effects on Brazilian companies, from the criminal prosecution of corporate executives to open-ended prohibitions on future contracts with Petrobras and, in some instances, fines millions of reais. Fabio Vassel and Luis DeLucio will discuss how the current Brazilian economic and political landscape is likely to impact Brazilian companies, lenders and investors in the years to come.

Luis DeLucio

Alvarez & Marsal

Fabio Vassel

Banco Brasil Plural; Sao Paulo, Brazil

1:15-2:30 p.m.

Opportunities and Obstacles Under New(er) Insolvency Rules in Latin America

This panel will feature a discussion with leading experts in the field of Latin American restructurings about the recent — and not-so-recent — updates to insolvency statutes throughout the region. While some of these new insolvency regimes remain largely untested, others offer both lessons and open questions about the potential for a true convergence of Latin American restructuring laws to other more established and tested jurisdictions. Market experts will discuss the latest developments in Latin American restructurings and offer their insights into the opportunities and challenges facing investors and lenders in the current Latin American economy.

Timothy Graulich, Moderator

Davis Polk & Wardwell LLP; New York

Ashish Karandikar

Apax Partners, LP; New York

Paul J. Keenan, Jr.

Greenberg Traurig, LLP; Miami

Eduardo Augusto Mattar

Pinheiro Guimarães - Advogados; Sao Paulo, Brazil

Jorge Padilla

GE Capital; Mexico

2:30-2:45 p.m.

Afternoon Refreshment Break

Sponsored by MNP Ltd.

2:45-4:00 p.m.

Recent Developments in Offshore Jurisdictions

Claudia R. Tobler, Moderator

Paul, Weiss, Rifkind, Wharton & Garrison LLP; Washington, D.C.

Matthew Crawford

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

Kenneth M. Krys

KRyS Global; Grand Cayman, Cayman Islands

Helena Sprenger

Houthoff Buruma, New York

Colette Wilkins

Walkers; Cayman Islands

4:00 p.m.




James A. Katchadurian

Epiq Systems, Inc.; New York

Damian S. Schaible

Davis Polk & Wardwell LLP; New York

Frank Spizzirri

Baker & McKenzie LLP; Toronto

Advisory Board

Jasmine Ball

Debevoise & Plimpton LLP; New York

C.J. Brown

The Blackstone Group L.P.; New York

Timothy Graulich

Davis Polk & Wardwell LLP; New York

Floris B. Iking

Alvarez & Marsal; Mexico City

Paul J. Keenan, Jr.

Greenberg Traurig, LLP; Miami

Elizabeth R. McColm

Paul, Weiss, Rifkind, Wharton & Garrison LLP; New York

Andrew Rosenblatt

Chadbourne & Parke LLP; New York

Ronald J. Silverman

Hogan Lovells US LLP; New York

Conference Information


The conference will be held at the headquarters of the New York City Bar Association, located at 42 West 44th Street, New York, NY 10036.

Continuing Education Credit

5 hours of general CLE credit are pending in states calculating CLE on a 60-minute hour, and 6 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 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 6 hours of credit, which can be applied toward professional practice. 6 hours of CPE credit are also available.


*ABI offers intermediate-level courses, which assume that attendees have some 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 For more information regarding administrative policies such as complaints and refunds, 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. For information on tuition assistance, send an e-mail [email protected].

Cancellation Policy

All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by May 28, 2015. No refunds will be granted after May 28, but substitutions will be allowed. After May 28, upon written request, a coupon for 20% off the registration fee (not including optional events) will be issued, which can be used (by the canceling registrant only) for any ABI educational program up to one year after this conference, or for this same conference next year.


Baker & McKenzie
KRyS Global
Solomon Harris
The Canadian Bar Association


Registration Rates Regular

ABI Member
Non ABI Member