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Ken Malek brings to Conway MacKenzie over 30 years experience in assisting companies undergoing transition, underperformance and distress, including turnaround, financial and accounting advisory, mergers and acquisitions, valuation and expert testimony. He has been engaged as an advisor in a number of industries, including: airline / travel & leisure, financial services, manufacturing, real estate, construction, retail, steel, technology and telecommunications. As a financial and turnaround advisor, Mr. Malek has worked with borrowers, lenders, debtors-in-possession, creditors' committees, trustees and equity holders, in out-of-court restructurings and turnarounds and in Chapter 11 restructurings.
The out-of-court and Chapter 11 cases in which Mr. Malek has played major roles include: ATA Airlines, Bally Total Fitness, Allis Chalmers, Dornier Aviation (North America), FanSteel, Funding Systems Railcars, Global Crossing, Goss Graphic, InfoVest / CCC, Longview Aluminum, LTV Steel II, Mercury Finance, Paul Harris Stores, St. Francis Health Systems, Washington-St. Tammany Electric Cooperative, Westell, Wickes Furniture, and Wildman.
Mr. Malek has served as Examiner and testified as an expert on valuation and bankruptcy matters in the U.S. District Courts of Delaware, Illinois, and Texas, in the U.S. Bankruptcy Courts of Illinois, Indiana, Louisiana, Michigan and Virginia, in the U.S. Court of Federal Claims and in arbitration proceedings. The matters on which he has been engaged as an expert include: business viability and Chapter 11 confirmation standards; valuation, bankruptcy recovery actions, solvency and insolvency; economic damages, causation, and mitigation of damages; fraud, Ponzi Schemes, tracing of funds, and forensic investigations; accounting methods and standards; professional practice standards; substantive consolidation, recharacterization and equitable subordination; and wrongful takings issues pursuant to the U.S. Supreme Court's Penn Central standards.
Mr. Malek is a Fellow of the American College of Bankruptcy and is Past President and remains a member of the Board of Directors of the Association of Insolvency and Restructuring Advisors. He is a Certified Insolvency and Restructuring Advisor, a Certified Public Accountant licensed in Illinois and holds a Certificate in Distressed Business Valuation. Mr. Malek is a member of the Turnaround Management Association, the American Bankruptcy Institute, the American Institute of Certified Public Accountants and the Illinois Certified Public Accountant Society. The Wall Street Journal, the Christian Science Monitor, and the Philadelphia Enquirer have quoted him on bankruptcy and restructuring topics. Mr. Malek has provided testimony on public policy and regulatory matters to the House Select Revenue Measures Subcommittee, the U.S. Department of the Treasury, the White House Special Task Force on Bankruptcy Laws, and the National Bankruptcy Review Commission.
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