2022 Bankruptcy & Restructuring Outlook
Advancing Agriculture - Identifying and Addressing Distressed Debts
Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company
Nota Bene Episode 87: What Buyers and Sellers Need to Know About Distressed Financial Transactions with Ariel Yehezkel
Podcast: Credit Funds: Pro Rata Sharing Provisions – Key Points for Lenders
Podcast - Credit Funds: Make-Wholes and Cramdowns: Understanding the Recent Second Circuit Momentive Decision
On June 7, 2024, Bernard Condon, an Associated Press reporter, authored the article, “Zombies: Ranks of world’s most debt-hobbled companies are soaring, and not all will survive.” Condon’s article details zombie companies...more
Court awards first security for costs order in respect of a challenge to a restructuring plan. Key takeaways - The High Court has for the first time awarded security for costs in respect of a challenge to a proposed...more
This CLE course will examine some of the more common pitfalls in loan restructurings that are frequently unidentified or ignored until they appear at or after closing. The panel discussion will include agency resignations,...more
In this ongoing article series with Citybiz, members of the Goulston & Storrs Commercial Real Estate Workouts Group keep you up to date on the current and emerging issues related to workouts and the Commercial Real Estate...more
Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial...more
In finance, navigating the terrain of distressed debt requires a keen understanding of its opportunities and risks. For financial institutions, investors, and legal advisors alike, delving into distressed debt can be both...more
CRE Secured Debt Purchase Transactions present unique risks that should be understood and carefully managed. Current market conditions may present unprecedented opportunities to purchase debt secured by distressed...more
Serving as the stalking horse bidder in a Section 363 sale can provide a buyer with financial and legal protections, as well as better position the buyer to ultimately acquire the debtor’s assets. This article addresses the...more
After the Supreme Court denied a certiorari petition, the Second Circuit’s Kirschner ruling is the law of the land. Our Distressed Debt & Trading Team explores how the circuit court came to its decision that syndicated term...more
Commercial activity in 2023 was bruised by higher inflation, higher borrowing costs and renewed geopolitical instability, which resulted in waning levels of business and consumer confidence as the year drew to a close. But...more
Retaining key management at a distressed company in the midst of an out-of-court restructuring can be necessary for the success of the restructuring. To realign incentives, private credit lenders need to consider reloading...more
The landscape of commercial real estate investment encountered substantial hurdles in 2023. Challenges such as sluggish rent growth, reduced transaction volume, and the emergence of potential debt-related distress impacted...more
The European real estate sector is enduring a period of turbulence not seen since the 2008 financial crisis. Industry players are dealing with a confluence of stubbornly high interest rates, falling valuations, rising energy...more
It’s a normal Sunday night. You are settling down to watch the next episode of “The Winter King” or “The Chosen”. The phone rings, or worse yet, the person you have been living with for six months or six years says, “Can we...more
On 19 July 2023, the parliament of the Grand Duchy of Luxembourg (Luxembourg) passed bill no. 6539A into law (the New Insolvency Law), marking a significant milestone in the movement to modernise and enhance the...more
A unique set of conditions appear to be setting up a market that is primed for opportunistic real estate lending and investing opportunities with private credit positioned to thrive. Higher interest rates, increased operating...more
In August, a New York federal district court denied a motion to dismiss a CFPB lawsuit against three affiliated companies engaged in the business of purchasing distressed consumer debt and several of the companies’ owners and...more
Investors in LMA-based intercreditor agreements (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions)....more
Winter is surely coming. One might hope it will arrive without the sorcery, murder, mayhem and intrigue of that memorable HBO show, but surely it will be freighted by its own quantum of trauma and anxiety. Actually, what am...more
This client advisory addresses selected federal tax issues arising in connection with distressed debt transactions. Part I of the client advisory addresses tax issues arising at the debt holder (“Holder”) level and Part II,...more
Our Distressed Debt & Claims Trading Team discusses trading issues related to DQ provisions in broadly syndicated credit facilities and trends providing borrower/sponsor friendly terms creating potential pitfalls for...more
Lacking a common scheme or plan, two adjacent commercial condominium units owned by the same debtor and subject to the same mortgage and deed, but having different tenants, commercial uses, plans for commercial development...more
In response to recent client questions regarding the various considerations and options for holding short-term funds, we have prepared a reference chart comparing certain key characteristics of demand deposits with government...more
Store closures and sharp declines in discretionary consumer spending are anticipated to affect non-essential retail (e.g. non-food, apparel, fashion, and luxury products). Although the picture is mixed, some retailers have...more
This week’s round-up explores how Infrastructure Investment and Jobs Act (IIJA) funding is being deployed, mass timber is on the rise as decarbonization efforts continue, and commercial real estate remains distressed....more