July 7 - Members and Subscribers - Welcome to the new and improved abi.org! - If you have not already done so, please reset your ABI password to access the site. Click "Login" and then "Forgot Password"
The first in a series of webinars focusing on insolvency topics across geographies, this session delves into issues and strategies affecting asset recovery. Hear from professionals active in countries across Latin America who will explain what legal, financial and logistical challenges they face in recovering assets, both domestically and across borders, and the tips and tools they use to overcome obstacles.
This panel provides an overview of some key issues, sectors and trends in real estate from a global and cross-border perspective by examining the status of asset class and related global/regional market conditions, issues confronting stakeholders and the legal tools they are using to manage and reposition assets, and predictions for the balance of 2025. Considerations for U.S. investors in non-U.S.-based real estate projects, as well as the perspectives of certain foreign investors or lenders to U.S. real estate-based projects, also is discussed.
The ABI International Latin America Insolvency Symposium took place in Mexico City, September 8-10, 2024, bringing together prominent bankruptcy judges and experienced practitioners. The event provided a comprehensive exploration of Latin America’s evolving insolvency and economic landscape, offering attendees practical insights and opportunities to deepen their professional connections.
Author’s Note: This is an edited excerpt from the author’s forthcoming master’s thesis, a larger-scope comparative study on “wrongful trading” in England under Insolvency Act 1986, s 214 and the tort of “deepening insolvency” in some U.S. states.
As your co-chairs, we are very excited to welcome new members to the committee, and we also look forward to connecting with longtime committee members. We thank those who have contributed articles to this newsletter (and to Simon Eickmann and Olya Antle for acting as editors).
Perhaps against expectations, 2024 included considerable bankruptcy activity in the U.S. However, the number of filings under chapter 15 of the Bankruptcy Code, which implements the UN Model Law on Cross-Border Insolvency and provides bankruptcy courts authority to recognize foreign insolvency proceedings, enforce orders of the foreign court, and grant related relief and assistance, remained close to preceding years.
Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.
