As the markets continue to react to the COVID-19 pandemic, the trading prices of many corporate loans and bonds have fallen dramatically. As a result, many companies (or their private equity sponsors) are looking at...more
Involuntary debt restructurings that have the effect of impairing a bondholder’s right to receive payment may violate the Trust Indenture Act. This was recently held in the Marblegate/Education Management Corp. bondholder...more
On February 18, both Argentina and the Exchange Bondholders Group filed petitions for writs of certiorari with the Supreme Court, seeking review of the Second Circuit’s rulings in the pari passu litigation. We discuss below...more
Argentina is in hot pursuit of multiple audiences before the Supreme Court: two petitions for writs of certiorari filed by Argentina are pending in the NML v. Argentina cases, and another is almost certainly on the way. In...more
9/27/2013
/ Bonds ,
Certiorari ,
Debt Restructuring ,
Discovery ,
Foreign Official ,
Immunity ,
Injunctions ,
Jurisdiction ,
NML v Argentina ,
Pari Passu ,
SCOTUS ,
Sovereign Immunity
On August 23, the Second Circuit issued its long-awaited opinion on Argentina’s appeal from the Southern District’s amended injunction requiring that Argentina make “ratable payment” to the plaintiffs when it next makes...more
Argentina filed a petition for writ of certiorari in US Supreme Court: what Argentina wants, when the Supreme Court will answer, and whether or not Argentina will get its day in the high Court.
On June 24, the Republic...more
6/28/2013
/ Bonds ,
Debt Restructuring ,
FISA ,
Foreign Official ,
Immunity ,
Injunctions ,
Jurisdiction ,
NML v Argentina ,
Pari Passu ,
SCOTUS ,
Sovereign Immunity
The plaintiffs have squarely rejected the proposal that Argentina made in its March 29 reply to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs....more
In responding to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs, Argentina has once again made it clear that it will not treat the plaintiffs any...more
The Second Circuit has ordered Argentina to submit a payment proposal, following oral argument in the NML v. Argentina appeal.
As we reported in our February 28 note, the three-judge panel of the Second Circuit expressed...more
The three-judge panel of the Second Circuit heard approximately two-and-a-half hours of vigorous oral argument in NML v Argentina yesterday. While no decision was announced, the judges gave strong suggestions as to their...more