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.


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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Events September 11, 2024

Kobre & Kim Hosts LatAm-Focused Asset Recovery Roundtable

Kobre & Kim’s New York and São Paulo teams, including Ana Frischtak, Daniel Saval, Donna Xu and Victor Clementino, hosted a Latin America asset recovery roundtable in New York on September 5, focused on U.S. Chapter 11 and 15 bankruptcy tools and beyond.

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Publications August 8, 2024

Global Restructuring Review: Kobre & Kim Wins Second Bondholder Standing Decision

As reported by Global Restructuring Review (GRR), Kobre & Kim has now obtained a second New York Supreme Court ruling that a beneficial holder of a global note has legal standing to bring suit against Zhongrong International Resources directly, without the bond trustee. The court entered judgment in BFAM Asian Opportunities Master Fund’s favor for US $170 million.

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Publications July 2, 2024

John Han and Geoffrey Derrick Discuss New York Glory Health Decision With INSOL World

Kobre & Kim’s John Han and Geoffrey Derrick sat down with INSOL World to discuss the decision and what it means for global bondholders moving forward.

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Events June 26, 2024

Ana Frischtak and Sergio Aguiar Examine Corporate Restructuring Alternatives for Brazilian Companies on BTGGA Panel

Kobre & Kim’s Ana Frischtak and Sergio Aguiar joined the BTG Global Advisory Annual Conference in Sao Paulo, Brazil to discuss Brazil's evolving insolvency landscape on a panel titled “Navigating Corporate Restructuring: Comparative Analysis of Different Jurisdictions.” While discussing recent changes in Brazil’s insolvency legal regime, the panel explored the advantages and disadvantages faced by Brazilian companies looking to restructure in the U.S. or other jurisdictions such as the Cayman Islands and British Virgin Islands.

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Accolades June 7, 2024

Kobre & Kim Earns Top Recognitions in Chambers USA New York Rankings

Kobre & Kim and several lawyers have been recognized in the latest Chambers USA rankings for New York, placing among the top firms and lawyers in several categories for commercial, white-collar and financial litigation.

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Client Alert June 6, 2024

New York Glory Health Decision Makes Enforcement of Bonds Issued by Cayman and BVI Companies Much Easier

  • The ability of bondholders to sue bond issuers to enforce their rights without going through the cumbersome process of instructing a bond trustee has long been in question.
  • However, an important ruling in New York court, obtained by Kobre & Kim on behalf of a group of international bondholders, took the first step in establishing standing.
  • This decision potentially removes key barriers to enforcement in key offshore jurisdictions such as Cayman and the British Virgin Islands (BVI), as well as Hong Kong.

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Events June 4, 2024

Jef Klazen, Richard Clarke, and Jason Kang join International Enforcement of Judgements and Awards Forum

This weekend, Kobre & Kim’s Jef Klazen, Richard Clarke, and Jason Kang attended the Cambridge Forum on International Enforcement of Judgements and Awards in Surrey, United Kingdom.

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Events June 3, 2024

Andrew Stafford KC and Nicholas Surmacz on Enforcement of Awards Against Sovereign States at London International Disputes Week Seminar

Winning an arbitration award against a sovereign state and state-owned entities is often the easy part – trying to enforce the award and getting the state to pay can cost enormous amounts of time and money, requiring special strategic considerations.

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Client Alert May 30, 2024

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

  • 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.

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Publications May 29, 2024

Kobre & Kim Reinforces Commitment to China as Other Firms Exit or Downsize: Law360

As opportunities arise in areas such as international asset recovery, government enforcement work, and joint venture shareholder disputes, the firm looks to strengthen its operations in China.

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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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Firm News May 10, 2024

Landmark UAE Ruling Strengthens Hand of Creditors

International investigation and dispute resolution law firm Kobre & Kim has won a landmark victory for creditors in the United Arab Emirates (UAE). The Dubai Court of Cassation issued a final decision unwinding the transfer of shares by the debtors to a family member, even though the transfer took place before the issuance of a final judgment confirming the debt owed to Kobre & Kim’s client.

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Firm News May 10, 2024

Delaware Court Allows Claims Against AIG Over Credit Agreement to Proceed

The Delaware bankruptcy court issued a decision May 9, 2024 allowing claims by 46 former AIG FP executives against AIG in a dispute over a $65 billion credit agreement to move forward.

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