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Why Foreign Companies are Filing Under U.S. Chapter 11

Level: Advanced
Runtime: 61 minutes
Recorded Date: April 20, 2018
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10:00 am - 11:00 am
  • Which foreign debtors are appropriate deborts to file Chapter 11?
  • Jurisdicational Issues
  • What does Chapter 15 do for you that Chapter 11 does not?
  • Case Law Relevent to Discussion
Runtime: 1 hour
Recorded: April 20, 2018


This panel will explore the reasons why the U.S. is so frequently selected by foreign debtors and will focus on jurisdictional issues, the extent of the automatic stay and the ability to bind non-U.S. creditors. The panelists will examine such recent cases as Abengoa, CHC Group and foreign shipping companies.

This program was recorded on April 20th, 2018.

Provided By

American Bankruptcy Institute
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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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Jennifer C. DeMarco

Clifford Chance US LLP

Jennifer C. DeMarco is a partner in the Banking and Finance practice of Clifford Chance US LLP in New York and leads the financial restructuring practice in the U.S.

She primarily represents foreign and domestic financial institutions in U.S. and international debt restructurings and bankruptcies. Complementary to her corporate restructuring experience, she is also an experienced bankruptcy court litigator, having appeared in bankruptcy courts throughout the U.S. Ms. DeMarco is listed in Who’s Who in American Law and Who’s Who of American Women, and she has been recognized by Legal 500 US.

She received her B.A. from Lafayette College and her J.D. from Fordham University.

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Hon. Kevin J. Carey

U.S. Bankruptcy Court, District of Delaware

Hon. Kevin J. Carey is a U.S. Bankruptcy Judge for the District of Delaware in Wilmington, first appointed in 2005 and serving as Chief Judge from 2008-11.

He previously served as a U.S. bankruptcy judge for the Eastern District of Pennsylvania, appointed on Jan. 25, 2001. Judge Carey serves on ABI’s Executive Committee as Vice President-Membership and is a past global chairman of the Turnaround Management Association. He is a member of the National Conference of Bankruptcy Judges and also serves as an associate editor for the American Bankruptcy Law Journal.

Judge Carey is the Third Circuit representative on the Administrative Office’s Bankruptcy Judges Advisory Group and is a member of the Third Circuit Judicial Council’s Facilities and Security Committee. He is also a contributing author to Collier on Bankruptcy and Collier Forms Manual. Judge Carey is a part-time adjunct professor in the LL.M. in Bankruptcy program at St. John’s University School of Law in New York and at Temple University’s Beasley School of Law in Philadelphia. He began his legal career in 1979 as law clerk to Bankruptcy Judge Thomas M. Twardowski, then clerked for the U.S. Bankruptcy Court for the Eastern District of Pennsylvania.

Judge Carey received his B.A. in 1976 from Pennsylvania State University and his J.D. in 1979 from Villanova University School of Law.

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