Welcome to the Restructuring Debt Review. The purpose of this blog is to provide timely and substantive updates on and assessments of developments in the law and policy relating to troubled businesses and distressed debt. Many of the posts will discuss recent developments under the Bankruptcy Code. However, the scope of this blog will be broader, and will include legal developments under state and federal law relating to distressed real estate and going concern assets, and lenders’ rights with respect to distressed assets. We will take every opportunity to discuss trends in the local, regional, national, and international markets relating to distressed debt, and the influences of the distressed debt market and claims trading on the likelihood of a successful restructuring by borrowers and the ability of lenders to maximize recoveries on their claims and minimize credit exposure.
This area of the law punishes those who sit back and wait. If you are a lender or debt holder, there are steps you can and should take to protect your rights as you try to reach a consensual agreement with your borrower. If you are a borrower looking to right-size your business, waiting until the very last minute to engage counsel can foreclose any chance of a restructuring. Many of the issues addressed in this blog are ones that our attorneys have handled in one capacity or another. Bankruptcy isn’t an outcome as much as it is a process. At its best, it can facilitate a turnaround and provide a debtor with a fresh start.
We look forward to sharing our posts with you.
– The Stoel Rives Restructuring Debt Review Blog team