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Debt Restructuring Financial Institutions

White & Case LLP

The Republic of Mozambique wins multibillion-dollar corruption case in the English High Court against Lebanese shipbuilding group,...

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Five years since the Republic of Mozambique issued its claim in the English High Court against Privinvest and other participants in one of the largest sovereign corruption scandals of modern memory – the so-called "Tuna Bond"...more

Alston & Bird

European Enforcement Guide

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In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...more

Alston & Bird

Structured Finance Spectrum - Summer 2023

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

Bennett Jones LLP

It's Official—Proposed Criminal Interest Rate Amendments Introduced

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On April 20, 2023, the Canadian government introduced Bill C-47, the Budget Implementation Act, 2023, No. 1 (the Bill), which includes the long awaited proposed amendments to the criminal interest rate....more

Seward & Kissel LLP

2022 Highlights from the Global Bank and Institutional Finance & Restructuring Group

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$55B CLO/ Loan Facilities Represented several financial institutions in connection with CLOs (including middle-market CLOs), multi-currency loan facilities and warehouse transactions, as well as redemptions, re-pricings,...more

Hogan Lovells

European leveraged loan restructurings: why the next downturn will be different

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Although the IMF recently announced at Davos that it would upgrade its global economic forecasts, with an improvement predicted in the later part of 2023 and into 2024, times remain difficult for many companies and their...more

Dechert LLP

To Hell with Predictions; I’m Embracing My Inner Fabulist This Year

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Each year about this time, I sit down and try to cobble together predictions for the performance of the economy and the performance of the CRE market in the coming year.  Of course, I’m wrong every time.  It’s not for lack of...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights, Volume 2, Issue 11 2022

Schumer: Senate ‘Very Close’ To Passing SAFE Banking Act - “The House of Representatives passed the bill for the sixth time earlier this year.” Why this is important: The passage of the Secure And Fair Enforcement...more

Hogan Lovells

Neue Gestaltungsmöglichkeiten in Gläubigervereinbarungen Dank StaRUG - Reichweite und Grenzen aus Praktikersicht

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Maßgeblicher Anwendungsbereich des StaRUG sind finanzielle Restrukturierungen. Eine Rolle dürfte dabei künftig die Regelung des § 2 Abs. 2 StaRUG spielen, die Eingriffe in bestimmte mehrseitige Rechtsverhältnisse sowie...more

Dechert LLP

Life (and Opportunity) in the Time of Considerable Government Malfeasance

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I wrote a week or two back about my expectation that significant economic dislocation awaits us.  I still think that.  The morning after I published, hordes (ok, maybe not hordes) of PhD Villeins were outside my house with...more

Katten Muchin Rosenman LLP

Guidance for Insolvency Practitioners: Financial Conduct Authority's Update on Regulated Firm Restructurings and Insolvencies

On Thursday, 22 September 2022, the UK Financial Conduct Authority (FCA) held a webinar and Q&A session aimed at clarifying the FCA's expectations of office holders, lawyers and consultants navigating insolvencies and...more

Bennett Jones LLP

Government Seeks Feedback on Lowering the Criminal Rate of Interest

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The government of Canada is seeking feedback on proposed changes to lower the criminal rate of interest (currently set at 60%), with a focus on high-cost installment loans. The criminal interest rate provisions in the...more

Moore & Van Allen PLLC

Special Situations Client Bulletin - Legal Review Guide for Stressed/Distressed Credits

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Although there may be differing views as to whether the U.S. economy is heading into some form of market correction, many would argue that certain warning signs have appeared that would suggest the possibility of an economic...more

Latham & Watkins LLP

Restructuring with Regulators: Where Law and Policy Collide

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Balancing the urgency of delivering a restructuring with regulatory requirements in a regulated sector. Restructuring a company in a regulated sector is always challenging. Navigating directors’ duties is difficult...more

White & Case LLP

Downgrades, defaults, distressed debt and refinancing

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Abundant liquidity, a red-hot refinancing market and improving credit ratings combined through the first half of 2021 to limit defaults and ease any near-term pressure on the balance sheets of US borrowers. Borrowers...more

Parker Poe Adams & Bernstein LLP

Federal Government Offers Relief Related to Troubled Debt Restructuring Due to COVID-19 Concerns

Lenders looking to offer payment deferrals and other short-term modifications to certain borrowers in response to the COVID-19 pandemic will not have to report those modifications as troubled debt restructurings (TDRs), at...more

Nelson Mullins Riley & Scarborough LLP

CARES Act Relevant Provision Summaries for Banking Industry Clients

The COVID-19 related stimulus bill (Coronavirus Aid, Relief, and Economic Security Act or CARES Act) provides relief to the banking industry directly. The CARES Act authorizes guarantees of bank-issued debt and...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Financial Institution Regulators Encourage Financial Institutions to Work with Borrowers; Fed Adjustment to...

In a March 22, 2020 Interagency Statement is­sued by all of the primary federal financial institution regulators (the “Regulators”), the Regulators have encouraged all financial institutions to “work prudent­ly” with...more

Morrison & Foerster LLP

The Workout Journey: Seven Rules For The Road (Lender’s Perspective)

If the current coronavirus (COVID-19) situation persists, real estate lenders increasingly will be faced with the need to restructure loans in their portfolios. Lenders that held non-performing real estate loans during prior...more

Nutter McClennen & Fish LLP

Nutter Bank Report: Special Edition: Working with Customers Affected by COVID-19

The FDIC, OCC, and Massachusetts Division of Banks (DOB) each have recently issued updated guidance on accommodations for customers that banks should consider to address the financial needs of borrowers and depositors who...more

Cadwalader, Wickersham & Taft LLP

No, You’re a Customer: Recent Second Circuit Decision Circumscribes Merit and Preempts State Law Impairment of Safe Harbor...

On December 19, 2019, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) affirmed a ruling of the United States District Court for the Southern District of New York (the “District Court”)...more

Jones Day

Business Restructuring Review - September 2019

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Chapter 11 Plan Distributions Are Not Collateral Covered by Intercreditor Agreement's Waterfall Provision - In In re Energy Future Holdings Corp., 2019 WL 2535700 (3d Cir. June 19, 2019), a panel of the U.S. Court of...more

White & Case LLP

Financial Institutions M&A: Sector trends - June 2019: Consolidation continues at pace—mega-mergers on the horizon

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The wait is over. Whispers of mega-deals have matured into agenda items for boards of many larger European banks. Overview - 3 highlights of bank M&A: - Bank consolidation: The numbers speak for themselves—100 regional and...more

Jones Day

Business Restructuring Review | May - June 2019

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Second Circuit Rules That Bankruptcy Code's Fraudulent Transfer Recovery Provisions Can Reach Foreign Transferees - In In re Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Sec. LLC, 917 F.3d 85 (2d Cir....more

White & Case LLP

Restructuring in Turkey: A new paradigm?

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As more Turkish companies begin to report liquidity issues and economic pressures begin to bite, successful financial restructurings are likely to become increasingly critical to the prosperity of the Turkish economy...more

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