Claim Monetization & Dilution

Kobre & Kim represents broad classes of investors, creditors, and their fiduciaries in situations where there is a risk that a debtor will not pay in full, as well as debtors targeted by creditors in similar distressed situations. We deploy aggressive, creative strategies that go beyond legal maneuvers, combining traditional legal skill sets with non-legal disciplines to deliver on a client’s commercial goals.

Claim Monetization

Kobre & Kim focuses on assisting broad classes of investors, creditors, and their fiduciaries facing a risk of non-payment, often when there are allegations of misconduct or breach of duty. We work with activist investors, litigation investors, insolvency fiduciaries, distressed credit funds, non-performing loan holders, private bilateral lenders, guarantee holders, keepwell or comfort letter beneficiaries and judgment or arbitration award holders to enforce large, unsecured claims in the most challenging situations and realize value.

We work to improve investor positions in negotiated resolutions pre-judgment or even pre-dispute, especially when debtors are not cooperating in good faith. Pre-investment, we help investors in distressed claims look at worst-case scenarios to inform pre-investment decisions.

We combine professionals and strategies from different disciplines and geographies to achieve the most effective solutions. We bring together an integrated team of offshore professionals, seasoned insolvency advisors, counsel from onshore jurisdictions, English King’s Counsel, former prosecution service lawyers, and financial professionals to not only collect and recover assets, but also target decision makers and third parties to achieve the most resource-efficient path to monetization.

Claim Dilution

Kobre & Kim works with high credit-risk companies and debtors to support their negotiating positions by heightening a creditor’s assessment of risk and cost using legitimate means including assertion of cross-border legal rights and creative techniques to mitigate risk. Our work complements debt restructuring contemplated or actioned by a debtor and their restructuring or financial advisors.

We deploy proactive defensive and counter-offensive strategies that go beyond filing legal appeals and motions. These include the use of “debtor-in-possession” insolvency regimes such as U.S. Chapter 11, offshore “soft touch” liquidations, English schemes of arrangement and cramdowns or pre-dispute liability management together with other service professionals.

Our integrated team of lawyers advocates directly – or works cooperatively with local counsel – in jurisdictions in the U.S., UK, EMEA, Asia, Latin America and key offshore financial centers, combining professionals and strategies from different disciplines and geographies. Our conflict-free profile allows us to maintain our independence as advocates ready to litigate against virtually any institution.