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Cross-Border Update 2017


Level: Advanced
Runtime: 79 minutes
Recorded Date: November 07, 2017
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Agenda


  • Determining COMI from the US Perspective vs. the Canadian Perspective
  • The Cayman Islands - CHC Helicopters
  • Ocean Rig & COMI Shifting
  • Non-Statutory Recognition in Cayman
  • Brazilian Cases
  • Section 109 and Chapter 15
  • Section 1509(f)
  • Walter Energy Canada
  • Section 363 and Chapter 13
  • In re Bluberi Gaming Technologies, Inc., 554 B.R. 841
  • In re ICP Strategic Credit Income Fund Ltd., 568 B.R. 596
  • Third Party Releases in Ch. 15
  • Investment Fund Redemption Creditors
Runtime: 1 hour and 19 minutes
Recorded: November 7, 2017



Description

Insolvency practitioners from the U.S., Canada, the Caribbean and South America will provide an overview of the most significant insolvency-related developments in their respective jurisdictions.

This program was recorded on November 7th, 2017.

Provided By

American Bankruptcy Institute
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Panelists

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Mark Russell

Attorney
HSM Chambers

Mark Russell is an attorney with HSM Chambers in the Cayman Islands, practicing in the areas of insolvency, restructuring, fraud and commercial litigation. He joined HSM in late February 2016 after almost seven years of practice in St. John’s, Newfoundland and Labrador. While in Canada, Mr. Russell gained experience in insolvency, restructuring and bankruptcy matters. He acted as counsel on behalf of creditors, debtors, trustees, receivers, liquidators and foreign representatives in various insolvency proceedings, including contentious/litigation mandates as well as transactional/advisory roles.

In Cayman, he has recently acted for the liquidators of a feeder fund to a failed US $1B hedge fund, the liquidators of various defendant companies in a US $9.2B fraud trial that ran for over a year, and a key stakeholder in the liquidation of a Cayman Islands bank that collapsed following a pump-and-dump allegation by the SEC. He has appeared as counsel before the Grand Court of the Cayman Islands and as the instructing attorney before the Cayman Islands Court of Appeal. Mr. Russell has presented and spoken at various conferences and seminars on insolvency law, personal property security law and the international law of the sea.

He received his B.B.A. in 2005 from Memorial University of Newfoundland, his LL.B. in 2008 from the University of Western Ontario and his Master of Laws with distinction in 2014, with a specialization in international business law, through the University of London.

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Malhar S. Pagay

Attorney
Pachulski Stang Ziehl & Jones LLP

Mr. Pagay is a business lawyer with substantial experience representing chapter 11 debtors, trustees, unsecured creditors, creditors' committees, and other parties in the contexts of bankruptcy cases, adversary proceedings, commercial litigation, mediations, and domestic and international business transactions.

Mr. Pagay has concentrated his practice in business reorganizations and has advised clients in out-of-court corporate restructurings of debt. He has broad industry experience, including healthcare and life sciences, real estate, technology, retail, manufacturing, transportation, sports, and entertainment. He also has advised clients in the acquisition of assets from distressed companies. Recent representations include advising a creditors' committee in connection with a successful hospital reorganization; assisting physician groups in resolving disputes with their care network and affiliated hospital, respectively; counseling a debtor in possession in connection with the multiple sales of resort and industrial properties throughout the United States; and completing the sale through section 363 of the United States Bankruptcy Code of a $100 million Class A commercial office property over the objections of co-owners.

He has served as principal counsel to China Export & Credit Insurance Corporation (SINOSURE) and its Chinese policyholders and clients in complex United States insolvency matters. Mr. Pagay is a member of the firm's Healthcare Restructuring Group. He has lectured both in the United States and internationally regarding a variety of legal issues, including cross-border transactions and insolvencies. He was named among "Southern California Super Lawyers: Rising Stars" in 2005, 2006, and 2007, and a "Super Lawyer" in the field of Bankruptcy & Creditor/Debtor Rights every year since 2009 in a peer survey conducted by Law & Politics and the publishers of Los Angeles magazine, an honor bestowed on only 5% of Southern California attorneys.

Mr. Pagay holds an AV Preeminent Peer Rating (Martindale-Hubbell's highest recognition for ethical standards and legal ability). He has been listed among The Best Lawyers in America in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation–Bankruptcy in the publication's 2018 and 2019 editions.

Mr. Pagay is a graduate of Yale University and received his J.D. from University of Southern California.

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Gilberto Deon Correa, Jr.

Founding Partner
Souto, Correa, Cesa, Lummertz & Amaral

Gilberto Deon Correa Jr. is a founding partner of Souto, Correa, Cesa, Lummertz & Amaral Advogados in Porto Alegre, Brazil, and has been recommended for years in guidebooks such as Chambers & Partners, Who’s Who Legal and Legal 500 as a prominent lawyer in the fields of corporate law, bankruptcy and restructuring, timberland investments and others.

He has authored various legal articles on business and insolvency law. He has also taught business and insolvency law at universities and post-graduation programs.

Mr. Correa was a member of the committee of scholars that assisted the House of Representatives in the development of the Brazilian Bankruptcy Law (Law No. 11.101/2005), as well in the drafting of the bill for the New Brazilian Commercial Code. He co-chairs ABI’s International Committee and is a member of the Turnaround Management Association and of the International Association of Restructuring, Insolvency & Bankruptcy Professionals.

Mr. Correa received his Master’s degree from the Federal University of Rio Grande do Sul and his LL.M. from New York University.

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Kelly J. Bourassa

Partner
Blake, Cassels & Graydon LLP

Kelly J. Bourassa is head of the Restructuring & Insolvency group at Blake, Cassels & Graydon LLP in Calgary, Alta., where she advises clients in all aspects of complex commercial reorganizations, inand out-of-court workouts, receiverships and other enforcement of security. She represents lending syndicates, debtors, purchasers, secured and unsecured creditors and court officers in domestic and cross-border cases.

Ms. Bourassa is recognized as a leading lawyer in Chambers Canada, Chambers Global, The Legal 500 Canada, The Best Lawyers in Canada, The Canadian Legal Lexpert Directory and Benchmark Canada. She is also the western editor of the Canadian Bankruptcy Reports. Ms. Bourassa is a member of the Insolvency Institute of Canada, a trustee of the Turnaround Management Association, and a member of ABI, the Law Society of Alberta and the Law Society of Upper Canada.

She received her B.A. in 1995 from the Universty of Waterloo, her J.D. in 1998 from the University of Western Ontario and her LL.M. in 2007 from Osgoode Hall Law School.

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Michael J. Epstein

Global Managing Principal
Deloitte Transactions and Business Analytics LLP

Michael J. Epstein is the global leader for Deloitte Transactions and Business Analytics’ restructuring practice in New York. His practice is centered on crisis management, financial advisory services and insolvency consulting activities in both middle-market and large transactions. Mr. Epstein works with management teams, creditors, creditors’ committees and boards of directors in many aspects of distressed businesses, operational reengineering and financial restructuring.

Previously, he was CEO of the largest provider of software solutions for specialized asset-based finance and back-office support for lease administration. He helped found that company’s first business unit outside of the U.K., and he held a board seat for the parent company for nearly six years.

In 2017, Mr. Epstein was inducted as a Fellow into the American College of Bankruptcy. He is the author of “Own Up to The Truth,” MediaWeek (September 2010), “Furthering Insolvency,” Institutional Investor Corporate Governance Guide (October 2003) and “Beyond Investor Relations: Communicating with Stakeholders in a Crisis,” Investor Relations (Spring 2003).

Mr. Epstein received his B.S. from Tufts University and his M.B.A. from The Wharton School at the University of Pennsylvania.


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