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How to Find Hidden Foreign Assets Here and There


Level: Advanced
Runtime: 57 minutes
Recorded Date: April 12, 2019
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Agenda


  • Chapter 15 - Discovery in Ancillary Proceedings
  • Cayman Islands - Discovery and Insolvency Proceedings
  • Hong Kong - Discovery and Insolvency Proceedings
  • Finding Hidden Assets in the Cayman Islands
  • Discovery in Foreign Proceedings
Runtime: 57 minutes
Recorded: April 12, 2019

Description

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery? The discussion includes commonly faced issues in obtaining discovery when locating and seizing assets, how to obtain records to determine the financial condition of the parties, and how foreign law may work to limit discovery.

This program was recorded as part of ABI's Annual Spring Meeting on April 12th, 2019.

Provided By

American Bankruptcy Institute
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Panelists

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Ian De Witt

Partner
Tanner De Witt

Ian De Witt was born in Wales and obtained an honours degree in law in London. After qualifying as a solicitor in England and Wales in 1989, he joined and became a partner in a prominent London law firm where he worked for many years before coming to Hong Kong in 1996.

Throughout his career, Ian has focused on commercial litigation and insolvency matters, including debt recovery, asset tracing and the enforcement of judgments, pre-emptive actions such as injunctions, court appointed receivers, and the appointment of provisional liquidators. He acts and advises in a variety of insolvency cases, acting for liquidators, receivers, creditors and directors.

Ian has also advised and acted for directors, employees and companies in respect of investigations, regulatory matters and prosecutions carried out by the Police, the Independent Commission Against Corruption (“ICAC”), the Commercial Crime Bureau (“CCB”), the Securities and Futures Commission (“SFC”) and the Confederation of Insurance Brokers (“CIB”) Disciplinary Committee.

Additionally, he has advised and acted in a wide range of commercial and contractual disputes, professional negligence claims, partnership and shareholder disputes.

Ian is also an accredited mediator of the Hong Kong International Arbitration Centre and he sits on the Insolvency Committee for the Law Society, technical and editorial committee of the Restructuring and Insolvency Faculty of Hong Kong Institute of Certified Public Accountants.

Ian is consistently ranked as a ‘Leading Lawyer’ for Restructuring and Insolvency in Hong Kong by various industry publications, including Chambers and Partners Global 2019, 2018, 2017, 2016, 2015, 2014 and Asia Pacific Legal 500 2019, 2018, 2017, 2016, 2015, 2014 editions.

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Adam Crane

Senior Associate
HSM

Adam Crane’s practice focuses primarily on areas of commercial litigation, insolvency, restructuring and financial recovery matters.

Adam joins HSM with over seven years of experience in commercial litigation, insolvency, restructuring and financial recovery. Having worked with a top Canadian law firm where he was Partner and the Chair of the Financial Recovery and Insolvency Group.

Adam’s recent accolades include being recognised as a Benchmark Litigation Future Star (2019 and 2018) and he is listed in Benchmark Litigation Under 40 Hot List – United States and Canada (2017 and 2018).

Prior to his call to the bar in Nova Scotia, Adam received a Juris Doctor degree (Business Law Specialisation Certificate) from the Schulich School of Law at Dalhousie University in 2010 and received a Bachelor’s degree from Acadia University in 2005.

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Ryan W. Blackney

Partner
Freeborn & Peters LLP

Ryan Blackney is a Partner in the Commercial Litigation Practice Group with a focus on trial work.

Ryan is an experienced trial attorney, having tried over 200 cases, including personally handling 52 jury trials, litigating over 100 evidentiary motions. In 2017, Ryan first-chaired a week-long trial before the Bankruptcy Court in the District of Kansas, and in 2018, Ryan tried a two-week jury trial in the Northern District of Illinois. Ryan focuses his practice on complex commercial and bankruptcy litigation, and especially on commercial fraud, fraudulent transfers, and objection to discharge adversary proceedings in bankruptcy court.

Ryan assists his clients in high-end asset and debt recovery work, often involving wealthy debtors intent on hiding their assets. Ryan brings his unique background in criminal prosecutions and his extensive courtroom experience to each case. Before joining Freeborn, Ryan was an Assistant State’s Attorney for eight years. From 2007 to 2011, he was a Special Prosecutor for McHenry County, Illinois. As a special prosecutor, Ryan handled the most high-profile crimes in McHenry County from indictment to verdict.

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Patricia A. Redmond

Shareholder
Stearns Weaver Miller Weissler Allhadeff & Sitterson, P.A.

Patricia Redmond is a Bankruptcy & Creditors' Rights Shareholder in the Miami office. She lectures locally and nationally on various aspects of bankruptcy, particularly on Chapter 11 issues, and is frequently quoted in the Miami Herald and other business publications.


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