International Committee


Post date: Monday, September 27, 2021

As co-chairs, we thank all of the members of ABI’s International Committee for their continued support and involvement with the committee during this pandemic-dominated year.

Post date: Wednesday, September 08, 2021

On Jan. 1, 2021, the Dutch Act on the Confirmation of Private Plans (hereafter referred to by its Dutch acronym, “WHOA,” or the “Dutch Scheme”) entered into force. It represents a robust and flexible restructuring framework. This brief article provides a summary of the Dutch Scheme and an update about the first published cases involving the scheme.

Post date: Wednesday, September 08, 2021

The COVID-19 crisis has encouraged many countries to amend their bankruptcy laws. In many cases, these amendments took place temporarily — especially during the hibernation phase of the pandemic. In other countries, however, the pandemic has led to permanent changes in their insolvency legislations.

Post date: Tuesday, September 07, 2021

In recent times, global businesses based all over the world have often turned to chapter 11 or the English scheme of arrangement to implement their debt restructurings, often due to the failure of local restructuring and insolvency laws to provide an adequate or optimal restructuring solution.

Post date: Monday, March 01, 2021

Author’s Note: Australia has a debtor-in-possession insolvency system administered by insolvency practitioners.

Post date: Monday, March 01, 2021
Photo of Rafael X. Zahralddin-Aravena
Rafael X. Zahralddin-Aravena

The term “silver lining” comes from Milton’s Comus, in which the silver lining is the light of the moon shining behind a cloud.[2] It is very difficult to find a silver lining in the COVID-19 pandemic, which has caused more than 500,000 deaths in the U.S.

Post date: Monday, March 01, 2021
Photo of Kenneth David Kraft
Kenneth David Kraft

In Canadian proceedings, it had previously been common for assets of the debtor to be conveyed to a purchaser through the granting of a vesting order. Normally, the court supervising the relevant insolvency proceeding in approving the transaction would issue an order that title to the purchased assets would vest in the purchaser “free and clear” of the claims of the vendors’ creditors.

Post date: Monday, March 01, 2021

2020 was undoubtedly a massive challenge for all countries, but it was especially dramatic for Brazil, which has been severely hit by coronavirus outbreak. Among the most affected countries, Brazil is fighting one of the biggest battles of its history, with a little over 10 million cases so far and a case-fatality rate of 2.4%.

Post date: Monday, September 28, 2020

The UNCITRAL Draft Recommendations on a simplified insolvency regime (“Recommendations”)[1] is a model of legislative regulation concerning the insolvency of micro, small and medium-sized enterprises (MSMEs)[2]. The model was crafted by UNCITRAL Working Group V in May 2020.

Post date: Monday, September 28, 2020

The United Nations Commission on International Trade Law Working Group V has been working on a simplified insolvency regime for six sessions because “[m]icro, small and medium-sized enterprises (MSMEs) (MSEs) constitute the majority of businesses in economies around the world.”[1] Its efforts are aimed at ameliorating the effects of ri


Fri, 2017-12-01

Hosted by the International and Legislation Committees: In recent years, multiple jurisdictions have reformed or modernized their insolvency laws, either through incremental amendments or by entirely replacing the legislation. In this session, attendees will hear from practitioners from various jurisdictions about what motivated the decisions to amend their insolvency laws — and how the process unfolded in practice.

Fri, 2016-04-15

People and Assets on the Move Overseas: What You Need to Know to Hold Everything Still and Seize the Assets

Sat, 2015-04-18

Structuring Cross-Border Deals to Protect Creditor Interests

Tue, 2014-09-23

The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York), G.

Mr. Kyle James Ortiz
Togut, Segal & Segal LLP
New York, NY
(212) 594-5000

Mr. Francesco Spizzirri
Audax Law
Toronto, ON
(416) 862-8329

Mr. Joshua Pichinson
Communications Manager
Santa Clara, CA
(650) 454-8001

Ms. Jamie R. Netznik
Education Director
Mayer Brown LLP
Chicago, IL
(312) 701-8741

Ms. Oksana Koltko Rosaluk, Esq.
Education Director
DLA Piper
Chicago, IL
(312) 368-3974

Mr. Ken Kraft
Membership Relations Director
Dentons Canada LLP
Toronto, ON
(416) 863-4374

Mr. Adam D. Crane
Newsletter Editor
Baker & Partners
George Town, Grand Cayman
(345) 526-6201

Mr. Ben Sewell
Newsletter Editor
Sewell & Kettle Lawyers
Sydney, NSW
(130) 099-6001

Mr. Randall Adam Swick
Special Projects Leader
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6100

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