ABI is excited to host the Caribbean Insolvency Symposium in person at the Ocean Reef Club, an exclusive, remote, secure and dazzling resort in the Florida Keys. A faculty of prominent bankruptcy judges and experienced practitioners will ensure a top-notch learning experience and ample networking opportunities, all in a beautiful setting. Up to 10.5/12.5 hours of CLE/CPE credit, including up to 1.5/1.5 hours of ethics, are available.
We are at capacity for this event. Please fill out the form below to be added to the waitlist:
Welcome and Opening Remarks
Update on Chapter 15 and Other Hot Topics in Cross-Border Insolvency Cases
This panel will discuss notable chapter 15 and cross-border insolvency cases decided in the past year, including those involving the scope of discovery available to foreign representatives, § 109 eligibility, and the use of chapter 15 to bind creditors to confirmed plans. The panelists will also discuss logistical and practical solutions in running chapter 15 cases.
Concurrent Sessions (3)
Subchapter V Update
This panel will highlight some of the roadblocks that small business debtors face at the commencement of their cases, throughout the process and on the road to plan confirmation. First in line is the definition of “engaged in commercial or business activities.” Central to this issue is whether a debtor needs to be actively engaged in business operations to qualify as a subchapter V debtor. Next up is lease assumption. When is it the right time to assume? Complicating the road to confirmations is a secured creditor’s § 1111(b) election, and the panelists will present pro and con arguments relating to nondebtor stay relief, injunctions and releases. Finally, the panelists will discuss what the debtor can do to effectuate a consensual plan, the role of the subchapter V trustee in a nonconsensual case, and the discharge of the debtor under both scenarios.
Cross-Border Insolvency and Fraud Litigation Update
The world has gone through monumental changes as a result of COVID-19: We have witnessed an administration change; a pandemic shutdown, emergence and contemplated re-shutdown; record market highs; record sustained interest rate lows; and substantial stimulus legislation. How have these various external and macroeconomic changes affected insolvency and fraud litigation, and what impact will they have on the future of litigation? Further, how have these changes influenced cross-border considerations in litigation? This panel will explore the latest trends in insolvency and fraud litigation, and the effects that COVID-19 has had on these trends.
Maximizing Value of the Bankrupt Estate
This panel will focus on alternative fees in bankruptcy and litigation financing, pursuing claims against third parties and derivative claims/reflective losses, the assignment of claims and court sanctioning.
Sponsored by BakerHostetler
Concurrent Sessions (3)
Cryptocurrency Management Strategies in Bankruptcy
This panel will provide an update on cryptocurrency’s adoption and integration into the global financial system. The panelists will share practical approaches for bankruptcy practitioners to identify, take possession of and manage cryptocurrency in bankruptcy cases. The panelists will also discuss strategies for debtors in possession and bankruptcy trustees to preserve the value of crypto-estate property.
Mass Torts Update
This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed.
Cayman Islands General Update
This panel will focus on the amendments to the Companies Act (particularly the implementation of the restructuring officer role); choice of appointee and appointee independence (Re Adamas Heracles Multi-Strategy Fund and Re Adamas Asian Origin Fund SPC/Re Global Fidelity Bank Ltd.); segregated portfolio companies, including alternative schemes for proving debts in liquidation (Re Premier Assurance Group SPC) and other SPC issues (i.e., apportioning fees and expenses among SPC and segregated portfolios); and other new cases.
Networking Dinner on the Beach
Join your colleagues for a relaxing dinner under the stars.
Rise & Shine with the Judges
This informal panel of judges will discuss the latest and most interesting cases they have presided over, and the lessons they’ve learned.
Concurrent Sessions (3)
Can I Pay for this Restructuring with Points? Distressed Debt in the Travel & Hospitality Industry
This panel will discuss the impact the COVID-19 pandemic has had on the travel and hospitality industry, including how airlines, cruise lines and hotels have managed through the crisis so far, what’s next for the industry once the pandemic becomes endemic (and hopefully milder), and the unique issues that arise in hotel property workouts and bankruptcies.
Health Care Update
This panel will discuss the current and post-pandemic view of the impact of mandatory vaccinations on post-acute care, including the relaxation of the three-day rule on quality of staffing, bracing for changes in the future of infection control, the effects of cost structures from PPE expenditures, the movement toward home health care, visitation limitations and their psychological effects on patients, patient care ombudsmen and their usefulness, the impact of COVID-19 on private equity and varying facets of post-acute care, and insolvency and exit strategies for health care providers.
Recognition and Joint Appointments
This panel will discuss the recent BVI Court of Appeal decision of Net International Property Limited v. Erez (22 Feb. 2021), along with recent decisions in Hong Kong, Singapore, England and Wales. The panelists will also consider alternatives to recognition and assistance, and practical considerations when there are joint appointments with BVI liquidators.
Sponsored by Nelson Mullins
It Is a Legal Entity, Jim, but Not as We Know It: SPACs, SPCs and More
This panel will explore new uses for traditional entity types and look at other types of Cayman entities and their uses in the Caribbean area and in the U.S. Industry and legal experts will discuss what the entities are and what is being done with them, as well as the bankruptcy/insolvency issues and effects that might exist for segregated portfolio companies (SPCs), special purpose acquisition companies (SPACs), exempted limited partnerships, foundations and limited liability companies (LLCs).
|Join ABI and Save*||$875|
|Govt./Aca. ABI Member||$395|
|Govt./Aca. ABI Non-Member*||$520|
|* Includes a one-year membership for first-time members only — a $375 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.|
In-Person Attendee Cancellation Policy
All fees, except a $75 handling fee, will be refunded if written notice of cancellation is received by January 18, 2022. No refunds will be granted after January 18, but substitutions will be allowed. After January 18, 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.
Online Attendee Cancellation Policy
No refunds will be granted for the online program. Should you become unable to attend any or all of the sessions, a recording of all sessions will be sent to you, along with the corresponding educational materials.
ABI’s COVID-19 Policy
As the COVID-19 landscape continues to evolve, so too must ABI’s safety policies for in-person events. ABI’s priority for all conferences and events is the safety and welfare of our attendees, partners and team.
For the Caribbean Insolvency Symposium, we are requiring that in-person attendees show proof of a negative COVID-19 PCR test taken no more than three days (72 hours) prior to arrival. In lieu of testing, attendees can upload their vaccination card to show that they are fully vaccinated against COVID-19 (as defined by the CDC) in order to gain admittance to the program. This decision was made in consultation with ABI leadership and is based on guidance issued by the federal Centers for Disease Control and Prevention (CDC) and other public health authorities. It is also consistent with the policies of many of our member firms and other associations nationwide.
Discover the warmth of the Florida Keys at the exclusive Ocean Reef Club. Nestled on the northern tip of Key Largo, in carefully tended natural splendor, are a wide choice of accommodations — private island vacation rentals — to soothe the souls of world-weary visitors, as well as those brimming with energy and a thirst for outdoor pursuits. Visit “The Inn” and discover its luxurious lodgings, where you’ll be cared for by a devoted and long-experienced staff. If you prefer to be self-sufficient, browse the many choices of luxury rental accommodations — from single-bedroom suites to large ocean-view rental houses, where you can feel at home, splash in the pool, concoct mouthwatering cuisine or idly loll about.
ABI has arranged for a special conference rate of $399 per night. To secure this special rate, reservations must be made by January 14, 2022. A few rooms have opened at the hotel and we are keeping registration open until they sell out. Book asap to secure. Should you register and rooms not be available any longer, contact [email protected]. Please note due to the club restrictions, you can only access the conference if you are hotel guest at the club.
Should you have any special accessibility or dietary requests for this program, please reach out to Jennifer Guirguis at [email protected]
The Ocean Reef Club is located on a private, pristine peninsula beside America’s only living reef, bounded on three sides by water and on the fourth side by federal and state lands. It is located on the northernmost tip of Key Largo and is accessible by land, sea or air. The closest international airport is Miami International Airport, located about an hour from the resort.
This program is eligible for up to 7.5 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 9.6 hours of general CLE credit in 50-minute-hour states. Credit hours are estimated and are subject to each state’s approval and credit-rounding rules, and might not be approved prior to the program. California MCLE: ABI certifies that this activity has been approved for MCLE credit in the amount of 10.5 hours, of which 1.5 hours will apply to ethics. NY MCLE: This course or program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 12.5 credit hours, of which 11 credit hours can be applied toward the professional practice requirement and 1.5 credit hours can be applied toward the ethics professionalism requirement. 12.5 hours of CPE credit, including 1.5 hours of ethics, 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 submitted to the National Registry of CPE Sponsors through its website, www.nasbaregistry.org.
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]