Client Alert December 22, 2022
Defensive and Counter-Offensive Strategies for High-Yield Debt Issuers and Private Borrowers
- Tightening global credit conditions will put more corporate high-yield debt issuers and private borrowers from emerging markets at risk of default.
- This can spiral into complex cross-border disputes with creditors, threatening the company’s survival.
- Fortunately, there are creative and aggressive strategies available for debtors to limit their exposure and protect their bottom lines.
Client Alert November 23, 2022
Bankruptcy is Not the Only Way: Alternative Insolvency Techniques in Delaware
- As the place of incorporation for many entities, Delaware has become a center for resolving high-stakes, cross-border insolvencies.
- But many parties, especially from outside the U.S., default to using Chapter 11 bankruptcy, when it can be long, drawn-out, unpredictable and costly.
- Our Insolvency and Delaware teams outline alternatives in the state that could be quicker and cheaper.
Client Alert July 23, 2021
Using Arbitration to Stop a Winding Up
- When monetizing a claim against a debtor, the interplay between arbitration and insolvency is not only critical but also varies by jurisdiction.
- When considering a cross-border strategy, it is essential to understand how each jurisdiction interrelates with the others.
- Kobre & Kim’s global Claim Monetization and Dilution Team answers the critical questions on these intricacies for key jurisdictions in this comparative guide.
Client Alert December 8, 2020
India-Based Debtors Can Face Off Against Global Lenders
- When a debt comes due, standing up to a global institutional lender can seem daunting for Indian debtors, especially if disputes scatter overseas.
- Regardless of whether a lender feels generous or not, however, there are steps debtors can take to increase their leverage and fortify their defenses.
- These include fighting for better terms, buying more time and holding lenders accountable.
Client Alert June 7, 2018
Fraud Victims Pursuing Assets Offshore
- Recent judgments have provided victims with a new route to claim damages from third parties, and thereby widen the pool from which to make a recovery.
- Claimants in numerous common law jurisdictions now can bring two new types of claims against associates of fraudsters who have assisted in the dissipation of assets after a freezing order or judgment has been obtained.
- Creditors seeking to make recoveries against fraudsters based in offshore jurisdictions should consider these two new, but related, claims against third parties when developing their asset recovery strategy.
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