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Client Alert May 8, 2025

New York Court Reaffirms Bondholders' Standing

  • Kobre & Kim won a second ruling by a New York court granting a motion for summary judgment. 
  • This reaffirms bondholders’ standing to directly enforce a global note issued by Chinese property developer Glory Health without going through the bond trustee.
  • The ruling removes another barrier to executing aggressive, multijurisdictional monetization strategies in defaulted bond enforcement campaigns.

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Client Alert May 1, 2025

Enhancing the Returns in Sovereign Debt Enforcement

  • Global public debt has surpassed US $300 trillion, providing creditors and investors in sovereign debt with new opportunities.
  • Pursuing sovereign assets can be complex, time-consuming, and highly public, often involving legal battles across jurisdictions and public scrutiny.
  • Adopting cross-border strategies that move beyond the traditional litigation playbook that sovereigns expect can improve recovery outcomes and shorten enforcement timelines.

 

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Client Alert March 27, 2025

Decision Opens Path for Creditors Challenging Fraudulent Florida Homesteads

  • Debtors worldwide often attempt to shield their assets from collection by transferring them to Florida homesteads due to the broad and immediate protection against enforcement afforded by Florida’s constitution to homeowners.
  • A recent ruling by the United States District Court for the Southern District of Florida in favor of a Kobre & Kim client marks an important step in addressing potential abuses of this protection.
  • As possibly the first ruling to acknowledge that creditors may be able to collect against Florida homesteads purchased with proceeds from frauds not committed against them, it sets a precedent that could enhance creditors’ ability to enforce claims against debtors attempting to shield assets through homestead protections.

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Client Alert March 13, 2025

Israeli Investors Should Apply Cross-Border Solutions to Distressed Situations

  • When a debt issuer falls into distress, Israeli investors need advice informed by deep knowledge of international insolvency and enforcement regimes, coupled with capabilities to aggressively protect and pursue their rights across the relevant jurisdictions. 
  • Israel’s recent adoption of the Model Law on Cross-Border insolvency puts creditors on a firmer footing to leverage global insolvency tools by coordinating foreign and Israeli proceedings.
  • A multi-jurisdictional approach allows international investors and creditors to gain leverage toward a favorable recovery.

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Client Alert March 6, 2025

Global Creditors Can Fight Fraudulent Conveyance in Dubai

  • International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
  • A 2024 precedent-setting decision in Dubai's High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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Client Alert December 12, 2024

Creditors Can Enhance Returns Amid Surge in Global Sovereign Debt

  • Creditors and investors in sovereign debt are riding a wave of new opportunities driving returns with global public debt projected to exceed US$100 trillion by the end of 2024, making it possible to reap higher returns on claims against sovereigns previously thought too difficult to enforce.
  • A well-thought-out strategy can increase returns and accelerate enforcement timelines.

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Client Alert October 17, 2024

Cross-Border Kobre & Kim Team Succeeds in Recovering Stolen Crypto Assets Worth Over US $400 Million

  • When large-scale cryptocurrency fraud or cyber-attacks hit, the stolen assets can quickly be dispersed across the globe, with perpetrators hard to find. In these cases, the initial hours and days can be critical.
  • However, a recent victory shows that even after considerable time has passed since a hack, victims can trace stolen assets and react quickly to recover them due to the public nature of blockchain transactions and the powers of the English and US Courts to order injunctive relief.

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Client Alert September 12, 2024

Non-U.S. Creditors Can Crack Delaware’s Notoriously Tough Trusts

  • Delaware’s strong asset protection laws have long made the U.S. state a destination of choice for individuals and entities worldwide looking to set up a trust.
  • International creditors looking to recover assets may feel that pursuing a debtor in Delaware is insurmountable.
  • However, it is indeed possible to crack Delaware’s notoriously tough trusts by adopting an aggressive multijurisdictional strategy.

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Client Alert May 23, 2024

US Dollar Noteholders Can Fast-Track a Favorable Recovery Against Brazilian and Latin American Note Issuers

  • Many Brazilian and Latin American companies that borrow in US dollars are facing a growing mountain of debt.
  • As international creditors eye a shrinking pool of capital available for repayment, US dollar noteholders may be left at the back of the line relative to onshore creditors.
  • However, there are a number of options at USD noteholders' disposal that could improve their position and increases their chances of recovery.

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Client Alert May 16, 2024

Precedent-Setting Win in Dubai Opens Doors for Global Creditors to Fight Fraudulent Conveyance in the Middle East

  • International investors and other claimants have long struggled to enforce cross-border claims in the United Arab Emirates (UAE) and the wider Middle East.
  • Debtors frequently deploy tactics such as fraudulent conveyance to transfer their assets out of reach.
  • A recent precedent-setting decision in Dubai’s High Court, secured by Kobre & Kim and local co-counsel, shows another avenue for global creditors to battle recalcitrant debtors and increase their chances of a swift and significant recovery on their cross-border claims.

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Client Alert February 1, 2024

Cracking Delaware’s Notoriously Tough Trusts

  • Several features make Delaware’s trust law attractive for debtors to hold assets in the jurisdiction.
  • This also means creditors often struggle when attempting to access the trusts to recover assets.
  • By deploying aggressive, multijurisdictional strategies, creditors may be able to crack even Delaware’s notoriously tough trusts.

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Client Alert January 18, 2024

New Pathways for International Creditors to Fight Fraudulent Conveyance in Dubai

  • International creditors are seeing more opportunities in the United Arab Emirates and wider Middle East as courts continue to signal openness to recognizing and enforcing overseas judgments.
  • This includes overcoming a fraudulent conveyance, as a UAE court recently decided in what may be an unprecedented judgment in favor of a judgment holder represented by Kobre & Kim.
  • The judgment demonstrates that there are a rapidly growing number of creditor tools available in the region to combat recalcitrant debtors.

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Client Alert November 16, 2023

Immediate Global Crisis Management Essential For Targets of Large-Scale Crypto Fraud

  • Speed is critical for targets of large-scale cryptocurrency fraud or cyber-attacks.
  • The borderless and pseudonymous nature of cryptocurrencies means stolen assets can be quickly dispersed around the world.
  • Targets should deploy a speedy, global response, combined with non-traditional approaches, to increase the chances of a substantial recovery.

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Client Alert October 26, 2023

International Creditors Can Crack Delaware's Notoriously Tough Trusts

  • Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
  • This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
  • By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

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Client Alert October 12, 2023

Cross-Border Strategies to Accelerate Non-Performing Loans Recoveries in Korea

  • Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
  • For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
  • A cross-border strategy to monetize their claims could offer a superior alternative.

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