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.


Publications March 21, 2024

Bloomberg News: NY Court Ruling Obtained by Kobre & Kim is “A Possibly Expedient Way” For Creditors to Sue Bond Issuers Directly

A ruling obtained in New York by Kobre & Kim on behalf of global bondholders against Chinese property developer Glory Health “provides a glimpse of a possibly expedient way for creditors to sue financially strapped bond issuers to get paid under New York law, the state with jurisdiction on a large bulk of Chinese companies’ dollar notes,” Bloomberg News reports.

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Events March 18, 2024

Kobre & Kim’s São Paulo Team Host Webinar with Reorg on Offshore Bond Creditor Options of Brazilian Company Intercement

News of InterCement’s planned exit from Brazil and Argentina has shaken offshore creditors. Join Kobre & Kim and Reorg for a webinar on the legal challenges and opportunities this development presents for offshore creditors at 11:00 am São Paulo time, March 28, 2024.

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Firm News March 15, 2024

NY Court Rules that BFAM and Other Offshore Bondholders Can Sue Bond Issuers Directly Without Trustee

In an important ruling that makes it easier for global bondholders unilaterally to sue issuers and guarantors in New York for nonpayment without a trustee, a New York court has allowed a lawsuit brought by BFAM and other global bondholders against Chinese property developer Glory Health to move forward.

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Client Alert March 14, 2024

How Activist Investors Can Protect Their Rights Amid Family Succession Struggles at Korean Chaebols

  • Opportunities for activist investors in Korea are expanding, but as an ongoing dispute involving LG shows, corporate succession disputes involving chaebols can be a source of risk.
  • These family struggles can lead to attempts at corporate changes that conflict with the interests of minority shareholders.
  • Investors and activists should understand the risks and their options by working with international counsel to protect their rights.

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Events March 4, 2024

John Han Answers Questions on High-Value International Recovery During OffshoreAlert Bangkok 2024

The international landscape for high-value fraud recovery is constantly changing. Kobre & Kim’s John Han, who focuses on the monetization of claims on behalf of investors and multinational companies, joined other leading international fraud and value recovery practitioners to discuss during the OffshoreAlert Bangkok 2024 conference on a panel on February 29, 2024.

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Client Alert February 29, 2024

Political Strategies in Monetizing Sovereign Arbitration Awards

  • For international investors and companies, winning an arbitration award against a sovereign state marks just the beginning of a lengthy, globe-spanning enforcement campaign.
  • To make a greater impact on the enforcement process, award holders should not be afraid to use more creative approaches.
  • A recent Kobre & Kim victory demonstrates how this approach can put legitimate pressure on sovereign debtors and bring them to the negotiating table.

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Events February 26, 2024

Jason Kang Speaks at Open Course on International Arbitration

International arbitrations are a key cross-border dispute resolution mechanism, and it is increasingly important for practitioners around the world to develop their knowledge and expertise in the field. Kobre & Kim’s Jason Kang, who focuses on enforcing claims, judgments and awards and other complex disputes with a nexus to China, will share his expertise at an open course organized by the Hong Kong International Arbitration Centre (HKIAC) and the Shanghai University of Finance and Economics School of Law.

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Client Alert February 22, 2024

Leveraging Cross-Border and Offshore Tools in Brazilian Insolvencies

  • A wave of cross-border financial distress and insolvencies is rocking Brazilian companies – Brazilian airline GOL filed for Chapter 11 in the U.S. in January 2024.
  • Although international creditors have historically faced a Brazilian insolvency landscape that has created many practical impediments, things are changing.
  • A new Brazilian bankruptcy law, if combined with a multijurisdictional approach touching the U.S. and offshore, can give creditors additional leverage toward a favorable recovery.

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Accolades February 15, 2024

Chambers Global 2024 Recognizes Kobre & Kim and Multiple Global Lawyers

In recognition of our strong cross-border capabilities and deep bench of talent, Chambers & Partners listed Kobre & Kim and several lawyers around the world in their latest Global Guide rankings for 2024.

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Client Alert February 15, 2024

Non-Traditional Sovereign Debt Defaults Recovery Strategies for International Bondholders

  • Sovereign defaults are increasing after recent years of post-pandemic spending, geopolitical risk and climate change.
  • This has created opportunities for distressed investors experienced in enforcing against sovereigns.
  • Investors can improve the value of their claims by deploying strategies targeting unconventional vulnerabilities around the world.

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Client Alert February 8, 2024

Creative Approaches for Investors and Joint Venture Partners to Leverage New PRC Company Law to Take Control of Onshore Chinese Companies

  • Unfavorable economic conditions in China are putting many offshore companies in distress.
  • In a worst-case scenario, joint venture partners and private credit lenders may have to attempt to take over onshore projects, companies and assets.
  • A new Chinese company law coming into effect on July 2024 could smoot this path to recover – including by making it easier to replace legal representatives.

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Publications February 5, 2024

Robin Baik to Financial Times: Upcoming Elections Add Pressure on Korean Authorities to Reform Shareholder Rights

Could the “Korean discount” that characterizes the chronically undervalued Korean stock market come to an end as the government and activist investors push for change? Kobre & Kim’s Robin Baik, who focuses on shareholder activist campaigns and international disputes related to Korea, spoke with the Financial Times on the shifting landscape in Korea.

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Publications February 5, 2024

Kobre & Kim Case Concerning Spain’s Sovereign Immunity and Investment Treaty Arbitration Featured by The Lawyer Among Top 2024 Appeals

The Kingdom of Spain’s appeal against a landmark English High Court judgment in favor of two investors represented by Kobre & Kim is featured among the top ten appeals of 2024 by The Lawyer.

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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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Events January 29, 2024

Evelyn Sheehan Discusses Latest Developments in Asset Tracing at C5 Conference

With it being easier than ever to move and hide assets across multiple jurisdictions, what strategies can practitioners deploy to trace and recover assets more effectively? Kobre & Kim’s Evelyn Sheehan, who focuses on cross-border investigations and asset recovery, discussed at the C5 Fraud, Asset Tracing & Recovery Miami conference during an interactive session on January 23, 2024.

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