Spinman

What is Spinman?

“A proceeding aimed at impairing a single creditor is not the collective administration Chapter 15 contemplates, and the mismatch is not a technicality. It is part of the Debtors’ bad faith effort to forum shop for the most advantageous tool to use against their litigation adversary,” Skillz attorneys alleged.

The Debtors here deployed an insolvency statute against the one creditor whose judgment they wished to defer and compromise, left every ordinary-course creditor untouched, preserved their own equity, and sought releases for the insiders who directed the conduct that produced the judgment—then asked this Court to treat that machinery as proof that their affairs are centered in Israel,” the petition continued.

“The Court should refuse the relief requested by … because it is manifestly contrary to the public policy of the United States based on the Debtors’ well-documented and pervasive bad faith conduct,” the petition said. “The Debtors are using the Israeli Action—a limited action which lacks many of the core characteristics of a collective insolvency proceeding—as a strategic tool to evade responsibility for their deceptive conduct.”

How to play Spinman

Atucha warns there is a tipping point where higher taxes can undermine channelisation, citing the UK and Germany as important case studies.

“I sometimes wish regulators would look at other cases,” he adds. “I mean, what happened in Germany, what’s happening in the UK.”

This risk is particularly apparent when many offshore operators are established brands rather than unknown entities.

About Spinman

In an April interview with iGB, Sher reflected on the challenges of regulatory uncertainty in Mexico

“Right now we are working based on a framework of laws which you cannot even call regulation, from 1947,” Sher said. “So it’s very hard to work long-term and to give long-term commitments. While the future is unclear in terms of regulation, we saw what happened in other countries in LatAm when they changed the regulation every other month.

“In Mexico, I think we are stable, we know how to deal with this market. Of course, we will be very happy if in the future, a proper regulatory framework will be introduced and not the way that we are working right now.”