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Meet the new Membership Relations Director, Charles Phiri
Charles Phiri is an international restructuring expert with more than 15 years in international and cross-border Insolvencies. He is a founder of CP ADVISERS (PTY) LTD., a Johannesburg, South Africa-based company that is involved in corporate restructuring, cross-border insolvency, business advisory, business turnarounds, business rescue and tax services.
As your co-chairs, we are very excited to welcome new members to the committee and also look forward to connecting with long-time committee members. Thanks to those who have contributed articles to this newsletter (and to Simon Eickmann and Olya Antle for acting as editors). Special thanks to Evelyn Meltzer for her service as co-chair of the International Committee over the past two years, and a warm welcome to Ken Kraft as the incoming co-chair.
In cross-border restructuring cases, frequently there is a U.S. or U.K. parent company and a German subsidiary. In a crisis, the managing director of the German entity often has a hard time explaining to the parent company what the duties are under German law if there is a crisis. From a U.S./U.K. perspective, the managing directors seem to be “wetting their pants” for no reason. This article wants to show that the dangers are all too real. It is also meant to raise awareness about these issues for managing directors of German corporations who have no German background.
This article deals with the controversial practice of a Polish debtor being a capital company entering a multi-million M&A procedure by dividing assets and transferring part of the assets to a new shell company, in which the ownership structure was created on the model of the old company. We will assess this practice from the perspective of debtors withdrawing assets from the company by dividing it while simultaneously using a speculative accounting method, the adjusted net assets method, in order to understate the value of the transferred assets.
Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S.
Discover firsthand insights into insolvency in Africa. In this webinar, the panelists will showcase their countries' approaches, followed by engaging discussions on the pivotal roles and rights of stakeholders (creditors, employees and shareholders). Uncover essential perspectives and strategies that are reshaping the landscape of insolvency management worldwide. Don't miss out on this opportunity to gain actionable knowledge and network with industry leaders!
Join us for an exhilarating exploration of the dynamic world of mediation and arbitration in restructuring and insolvency cases across common law and civil law jurisdictions. This abiLIVE webinar will delve into the different (supra)national legal frameworks shaping these processes, uncovering when and why mediation and arbitration is a game-changer, especially for cross-border and parallel proceedings. The panelists also will discuss types of mediators and selecting the most "effective" mediators based on case nuances and necessary interventions in the conflict.
This is the second in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the U.S. For this second webinar, the panelists will be examining the situation in Brazil, Canada, the Caymans and Mexico.
