International Insolvency

Luckin Coffee Inc., founded in 2017 by a Chinese entrepreneur, had the goal of outgrowing Starbucks as China’s largest coffee chain. The company’s 2019 IPO and bond offering raised approximately US$900 million. However, in February 2020, it was discovered that Luckin had fabricated its financial statements, with revenue overstated by US$300 million. Litigation followed, with various direct and class action claims being asserted in the U.S., a class action claim in Canada, and injunctive proceedings in both the Cayman Islands and Hong Kong.

This panel will discuss challenges faced by bankruptcy practitioners in subchapter V cases, including unique eligibility issues, effects of conversions, subchapter V trustee powers and obligations, among other developing topics and recent case law updates. The panelists also will discuss the strategic differences and approaches to be considered by parties in interest in a subchapter V case.

This panel will discuss hot topics in 2022 chapter 11 filings, including the “Texas Two-Step” strategy (e.g., J & J/JTL Management, LLC, Certain Tweed/DBMP LLC, Georgia Pacific/Bestwall, and Trane Technologies/Aldrich Pump) and 3M; Siegel v. Fitzgerald (what happens now, and what the remedy will be on remand); an update on third-party releases; and bankruptcy-related cases the Supreme Court is going to hear this term.

This panel will discuss some key issues under § 503 of the Bankruptcy Code, including substantial contribution claims (§ 503(b)(3)(D)), § 503(b)(9) claims for goods received by a debtor within 20 days of the petition date, and insider incentive payments under § 503(c).

The panelists will discuss current hot issues in cryptocurrency and the ways in which they converge with insolvency proceedings. After providing a brief cryptocurrency overview, the panelists will address legislative and regulatory updates, and their effects on bankruptcy cases. The panelists also will discuss such current cryptocurrency-focused insolvency cases as Cred, Inc., Celsius, Voyager and Three Arrows Capital, and the crypto-specific bankruptcy issues they present.