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The Americas Programme will start at 09:00 EDT time
COVID-19 has caused an enormous downturn in airline passenger demand and revenues leaving airlines struggling to cover high fixed costs, such as aircraft lease rents. This session will explore the particular challenges faced by airlines and those who service them, including as lessors, airports, maintenance providers and manufacturers, as well as the role of governments and regulators. The panel will also consider the restructuring tools that have been deployed in this archetypal cross-border industry and expected future developments.
2021 will present multiple recognition dilemmas for restructuring practitioners. Brexit has profound consequences for recognition across borders, but that’s just one piece. Larger than ever global restructurings, due to bigger deals and more complex financing and supply chains, will require an increased number of jurisdictions to be involved in each restructuring. The potential for restructuring regimes being incompatible with each other and the intended restructuring is ever increasing. A panel of eminent judges will discuss these issues and more.
Due to the presumption against the extraterritorial application of the US Bankruptcy Code, multinational entities seeking relief under Chapter 11 or Chapter 15 in the United States may face obstacles to enforcement including asserting traditional preference and avoidance claims against third parties under the US Bankruptcy Code. This panel will explore recent cases dealing with the extraterritorial application of the Bankruptcy Code, strategies for effective litigation, and considerations related to bringing and defending against foreign law claims in a US Bankruptcy court.
Have the duties and liabilities of officers and directors changed or been suspended as a result of the pandemic, or have they remained the same? How has the proliferation of pandemic-related governmental assistance and moratoria affected the exercise of these duties in different regions of the world? What will the impact be of the expiration of such governmental measures? When suspensions of directors’ duties and moratoria are lifted will creditors aggressively pursue enforcement actions or seek to force the sale of businesses affected by the pandemic, and what dilemmas and liability risks will be posed for company directors and officers by the need to respond to such creditor actions?
There is the perception that, historically, the restructuring profession has been dominated by white males. Is that still the case? The panel will analyze the results of a recently conducted INSOL survey on diversity of the leading insolvency professional firms. Should INSOL, as a leading organization, do more to foster increased diversity in the profession? What should, and what can, INSOL do in that regard? The program will consider these difficult and sensitive issues in an open ended and frank discussion. The panellists will discuss their personal experiences in the profession and their views on the need for change.
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