Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
This can expand the range of enforcement targets, increasing creditors’ options and chances of success.
In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
We explain how creditors can unlock value in China and maximize their recovery.
In U.S. Chapter 11 cases (especially those involving unsecured creditors), non-traditional asset sources often offer the best hope of recovery.
Assets based in China can present surprising asset recovery opportunities for U.S. creditor committees.
There is a range of options at a committee's disposal to unlock value from claims against PRC entities, and experience, creativity and local support on both sides of the Pacific are essential to securing monetization.