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Should We File It Here or There? Venue Options in Cross-Border Cases


Level: Advanced
Runtime: 61 minutes
Recorded Date: December 08, 2018
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Agenda


  • Chapter 15 Basics
  • Corporate Restructuring & Insolvency in Non-US Jurisdictions
  • Update on Recent Important/Noteworthy Cases involving Multi-National Companies Using Chapter 11 and/or Chapter 15
  • Practical Considerations for Multi-National Company Using Chapter 11 and/or Chapter 15
  • Locating and Recovering Assets in Foreign Jurisdictions
  • No Support from International Treaties or Agreements
  • Enforceability Abroad of US Judgments
  • Lack of Jurisdiction
  • Service of Process
  • Public Policy Considerations
  • Procedural Issues Regarding Enforcement
  • Collection of US Judgments in UK and Its Overseas Territories
Runtime: 1 hour
Recorded: December 8, 2018

Description

This panel will discuss the advantages and disadvantages of filing bankruptcy under chapter 15 vs. chapter 11 in the U.S. where the prospective debtor is a multinational company, and the potential consequences of each type of filing across the capital structure of the company (e.g., secured creditors, unsecured creditors, equity, etc.). The panelists, all ABI 2017 "40 Under 40" honorees, will contrast the insolvency laws of specific countries with the U.S. Bankruptcy Code, and explain how these comparisons can ultimately guide a company's decision on whether to file in the U.S. and, if so, under what chapter.

This program was recorded as part of ABI's Winter Leadership Conference held on December 8th, 2018.

Provided By

American Bankruptcy Institute
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Panelists

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Zachary H. Smith

Member
Moore & Van Allen

Zachary H. Smith is a Partner and the Team Leader of Moore & Van Allen's Bankruptcy & Financial Restructuring Practice.

Smith concentrates his practice in the areas of distressed situations and bankruptcy, representing institutional lenders, strategic investors, special situation funds, debtors, receivers, board members, and other stakeholders in in-court and out-of-court restructurings, including complex restructuring matters pertaining to Puerto Rico.

Before joining Moore & Van Allen in 2013, Smith was a partner in the restructuring practice of a major New York law firm.

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Ryan Maupin

Principal
Grant Thornton LLP

Ryan maupin is a principal in the firm’s Corporate Finance practice and advises U.S.-based and international companies, secured and unsecured creditors, sovereign wealth and private-equity funds in workout situations both in and out of court. He also manages several firm-wide key accounts.

Ryan held the CFO position at a luxury brand merchandiser during the restructuring of its U.S. and Italian divisions, served as interim general manager of Seattle-based casinos during a British Columbian insolvency proceeding, and assisted Grant Thornton liquidators in the Cayman Islands in a large cross-border insolvency. He also led an engagement team that advised Centro Properties during the sale of its U.S. portfolio to The Blackstone Group for $9.4 billion. In addition, he led a cross-border restructuring of over ?97 million of debt related to a mixed-use development project in Bristol, U.K., and recently served as CEO of an oil and gas services business, selling the assets successfully through a ? 363 sale process.

Ryan grew up on a farm in Illinois; his first job at 10 years old was walking beans for his father and grandfather. He hasn’t stopped since. A frequent speaker for the Practicing Law Institute and ABI, he is a member of ABI, the Association of Insolvency & Restructuring Advisors and the Turnaround Management Association.

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Jeannie Kim

Of Counsel
Friedman & Springwater LLP

Jeannie Kim practices in the areas of bankruptcy, insolvency and commercial transactions. She has worked extensively with various stakeholders, such as financial institutions, secured and unsecured creditors, licensors of intellectual property in bankruptcy cases, corporate debtors-in-possession, chapter 11 trustees, and acquirers of distressed assets in all aspects of chapter 11 corporate restructuring, distressed M&A, and litigation matters. She has represented clients in diverse industries, including technology, commercial leasing, retail, hospitality, manufacturing and distribution, consumer products, alternative energy, mining, aviation, and real estate development.

In addition to her bankruptcy and transactional work, Jeannie works with the firm's regulatory litigation practice, representing clients in the areas of energy and water law in state and federal court and before the California Utilities Public Utilities Commission.

Jeannie has been a frequent speaker on business bankruptcy. In 2018, she was recognized by the National Asian Pacific American Bar Association by inclusion in their “Best Under 40” list and was also included in the American Bankruptcy Institute's “40 Under 40,” Inaugural Class. Jeannie was listed as a Super Lawyer from 2013-2019, including as a Southern California Rising Star from 2013-2016 and Northern California Rising Stars from 2018-2019.

During law school, Jeannie served as a judicial extern to the Honorable Maureen A. Tighe, United States Bankruptcy Judge in the Central District of California, and the Honorable Carla M. Woehrle, United States Magistrate Judge, Central District of California. Jeannie also served as an extern in the Office of the United States Trustee, Region 16.

After joining the bar, Jeannie served as a Judicial Law Clerk for the Honorable Deborah J. Saltzman, U.S. Bankruptcy Court, Central District of California, the Honorable Alan Jaroslvosky, and the Honorable Thomas E. Carlson, U.S. Bankruptcy Court, Northern District of California.

Prior to joining the firm, Jeannie was an associate at Buchalter in San Francisco and Winthrop Couchot in Newport Beach. Jeannie Kim is a member of the State Bar of California and practices in the firm's California office.

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Adam C. Ballinger

Partner
Ballard Spahr LLP

Adam Ballinger's practice includes working in the areas of fraud and insolvency with an emphasis on Ponzi scheme-type frauds. Adam represents debtors, creditors, trustees, and court-appointed receivers in all matters both in bankruptcy proceedings and outside of bankruptcy proceedings including state and federal courts, mediation, and arbitration. Adam also represents both buyers and sellers of agricultural products in agricultural and food products litigation in both court and arbitration, including the National Grain and Feed Association.


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