Plan your mid-winter escape with ABI at the Caribbean Insolvency Symposium, being held at The Westin Grand Cayman Seven Mile Beach Resort & Spa, an oceanfront island resort on the famous Seven Mile Beach in the heart of Grand Cayman. The program advisory board is pleased to present an impressive faculty of prominent bankruptcy judges and experienced practitioners, curated to provide an interactive educational experience and ample networking opportunities, all in a beautiful setting. Attendees can earn up to 8.25/10.5 hours of CLE/CPE credit, including 1.25 hours of ethics.
Space is limited, so don’t delay; register today!
Welcome and Opening Remarks
CRO/Restructuring in Cayman vs. Chapter 11 in U.S.
The panel will discuss the impact of the amendments to the Cayman Companies Act, which introduce the ability of a company to restructure under the supervision of a company restructuring officer on grounds that the company is or is likely to become unable to pay its debts and intends to present a compromise or arrangement to its creditors (or classes thereof), either pursuant to the Companies Act (2021 Revision) or a foreign law or by way of a consensual restructuring. These provisions will be compared to and contrasted with U.S. chapter 11.
Chapter 15 Update/Recognition Issues
This panel will address recent decisions, including Modern Land, affecting the standard for recognition of a foreign insolvency proceeding as either a foreign main or nonmain proceeding. Additionally, the panelists will discuss recent decisions concerning third-party releases in chapter 15 cases, including In re PT Pan Brothers Tbk, Case No. 22-10136-mg (Bankr. S.D.N.Y. 2022).
The panelists will discuss current hot issues in cryptocurrency and the ways in which they converge with insolvency proceedings. After providing a brief cryptocurrency overview, the panelists will address legislative and regulatory updates, and their effects on bankruptcy cases. The panelists also will discuss such current cryptocurrency-focused insolvency cases as Cred, Inc., Celsius, Voyager and Three Arrows Capital, and the crypto-specific bankruptcy issues they present.
Judge’s Roundtable: Ethics Issues
This panel will focus on the ethical risks involved in serving as local counsel, special counsel and conflicts counsel. The panelists will discuss the role of the court in monitoring and reviewing the scope and responsibilities of counsel in each of these roles, and will discuss relevant case law impacting an attorneys’ ethical obligations, both to clients and to the court.
Concurrent Sessions (2)
Administrative Expenses Under § 503
This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).
This panel will discuss the latest updates on cross-border fraud issues, including the cross-border interplay between the SEC and U.S. state receiverships, domestic litigation, and liquidations in the Cayman Islands. The panelists will highlight the SEC v. TCA Fund case, which involved a huge fraud committed on investors in a master feeder structure, the issues surrounding the Florida receiver’s motion to approve a distribution plan in that case, and the conflict with Cayman law that, if applied, would produce a drastically different result than the plan proposed by the receiver.
Break to Change Rooms
Concurrent Sessions (2)
Chapter 11 Update
This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term.
Getting Blood Out of a Stone: Who Can Get Paid Administrative Expenses Out of the Assets of an Insolvent Cayman Company
This panel will discuss what liquidation expenses are; proofs-of-debts costs; submission, adjudication and appeals; creditor committee costs; trusts; liquidators as trustees (Berkeley Applegate); and liquidating trusts.
Concurrent Sessions (2)
What Do You THINK You Know About Subchapter V?
This panel will discuss challenges faced by bankruptcy practitioners in subchapter V cases, including unique eligibility issues, effects of conversions, subchapter V trustee powers and obligations, among other developing topics and recent case law updates. The panelists also will discuss the strategic differences and approaches to be considered by parties in interest in a subchapter V case.
This panel will focus on recent updates and trends in the Cayman Islands related to arbitrations and mediations, Russian sanctions and other important developments.
|Join ABI and Save*||$925|
|Govt./Aca. ABI Member||$395|
|Govt./Aca. ABI Non-Member*||$520|
|* Includes a one-year membership for first-time members only — a $425 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 16, 2023. No refunds will be granted after January 16, but substitutions will be allowed. After January 16, 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.
The American Bankruptcy Institute is dedicated to providing a harassment-free conference experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of conference participants in any form. Sexual language and imagery are not appropriate for any conference venue, including talks. Conference participants violating these rules may be sanctioned or expelled from the conference without a refund at the discretion of the conference organizers. Our anti-harassment policy can be found at https://www.abi.org/about-us/bylaws-and-policies.
Fronting Grand Cayman’s famous Seven Mile Beach, The 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 $529 per night. To secure this special rate, reservations must be made by January 6, 2023. The ABI special rate is very limited and is available on a first-come, first-served basis. ABI cannot guarantee availability at the resort.
Should you have any special accessibility or dietary requests for this program, please reach out to Jennifer Guirguis at [email protected].
The Westin Grand Cayman Seven Mile Beach Resort & Spa is conveniently located only 10 minutes from Grand Cayman’s Owen Roberts International Airport, a short flight from Miami International Airport. U.S. travelers must have a current passport to travel to the island.
Conference Sponsorship Chair
8.25 hours of general CLE credit in states calculating CLE on a 60-minute hour, and 10.5 hours of general CLE credit in 50-minute-hour states, are pending for this program. 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.
The American Bankruptcy Institute 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 for Group Live (live in-person) and Group Internet-Based (live webinar) programs. 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.learningmarket.org.
- Recommended CPE Credits and Field of Study: Accounting, Specialized Knowledge
- Program attendees can earn up to 10.5 hours of CPE credit.
- Prerequisites: There are no prerequisites.
- Advanced preparation: None
- Program level: Intermediate
- Delivery method: Group Live
➤ If virtual or recorded sessions are offered: CPE credit is available for live in-person sessions only. CPE credit is not available for virtual viewing or for recorded versions of live sessions.
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].