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ABI Journal

International Committee

international

Co-Chair’s Corner

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).

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 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.

Global investor activity means a sudden increase in interest in the crypto-asset market.

Co-Chairs’ Corner

The days are getting longer, flowers and trees are blooming, and temperatures are rising. Spring is in the air, which also means it’s Annual Spring Meeting time in Washington, D.C. We were excited to see many of you at the conference April 18-20. Below is a summary of what our committee has been up to and the great things we have planned.

In February, the committee hosted two webinars. The first, on Feb. 14, was the second in the planned webinar series “Directors Duties Across Borders in the Insolvency Zone.” The focus of this webinar was on the Americas. Debra Grassgreen (Pachulski Stang Ziehl & Jones) moderated the discussion. The panelists were The Hon.

The English Supreme Court has dismissed an equitable personal claim in knowing receipt brought by Saad Investments Co. Ltd.

Courts administering India’s insolvency and restructuring law, the Insolvency and Bankruptcy Code 2016 (IBC), have been grappling with the challenges posed by corporate group insolvencies.

Co-Chairs’ Corner

Season’s Greetings from the ABI International Committee leadership. It is hard to believe how quickly pumpkin spice and caramel apples have turned into peppermint mocha and eggnog. The weather is turning colder, and the holidays are quickly approaching. We hope that the end of 2023 brings you time with family and friends, and maybe even a little bit of international travel.

On October 24, 2023, the ABI International Committee hosted the 2023 Cross-Border Insolvency Program at Blank Rome LLP’s Conference Center in Midtown Manhattan. This annual day-long program featured four educational panels and a networking happy hour.

Sponsored by ABI's International Committee. India has emerged as a leading insolvency jurisdiction since it enacted its new Insolvency and Bankruptcy Code (IBC) in late 2016. The IBC heralded a new insolvency process, enabling large corporations to reorganize and maximize value. In the six years since, more than 4000 cases have been filed and scores of important Indian companies have been successfully restructured.

Asset Recoveries in Foreign Lands

This panel will discuss some of the more interesting aspects of the asset-recovery process as it relates to locating foreign assets (i.e., Russian yachts). The panelists also will focus on post-COVID-19 issues, including situations where banks were not monitoring collateral as closely as they should have been and are now having trouble locating said assets and selling them, particularly in international cases where the bankruptcy is abroad but the parties are seeking recognition in the U.S.

Hosted by the International and Legislation Committees: In recent years, multiple jurisdictions have reformed or modernized their insolvency laws, either through incremental amendments or by entirely replacing the legislation. In this session, attendees will hear from practitioners from various jurisdictions about what motivated the decisions to amend their insolvency laws — and how the process unfolded in practice.

People and Assets on the Move Overseas: What You Need to Know to Hold Everything Still and Seize the Assets

Structuring Cross-Border Deals to Protect Creditor Interests

The Business Reorganization Committee held a free committee wide call on Tuesday, September 23rd, at 4 pm ET. The topic was titled "Looking at International Insolvency/Restructurings Through the Bankruptcy Code and Beyond," and featured key speakers, including: Patrick Mohan (Moderator) of Reorg Research (Columbia, S.C.), Rachel Ehrlich Albanese of Akin Gump Strauss Hauer & Feld LLP (New York).

Kenneth D. Kraft

Kenneth D. Kraft

Co-Chair

Toronto, ON

Dentons Canada LLP

(416) 863-4374

Jennifer Jenkins

Jennifer Jenkins

Co-Chair

Road Town, Tortola,

Mourant

2848521709

Adam Swick

Adam Swick

Communications Manager

Austin, TX

Akerman LLP

(737) 999-7103

Tal Goldsmith

Tal Goldsmith

Education Director

London,

Stephenson Harwood LLP

+442078092894

Charles Phiri

Charles Phiri

Membership Relations Director

Johannesburg,

CP ADVISERS PTY LTD

27823989930

Olya Antle

Olya Antle

Newsletter Editor

Washington, DC

Cooley LLP

(202) 776-2056

Simon Eickmann

Simon Eickmann

Newsletter Editor

Munich,

PLUTA Management GmbH

15151616301

Evan J. Zucker

Evan J. Zucker

Special Projects Leader

New York, NY

Blank Rome LLP

(212) 885-5207

Gaurav Mankotia

Gaurav Mankotia

Special Projects Leader

Westbury, NY

BFSNG Law Group, LLP

(361) 277-9113

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