debt restructuring

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• Debt Restructuring https://store.theartofservice.com/the-debt-restructuring- toolkit.html

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Page 1: Debt Restructuring

• Debt Restructuring

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 2: Debt Restructuring

Bankruptcy - Modern law and debt restructuring

1 The principal focus of modern insolvency legislation and business

debt restructuring practices no longer rests on the elimination of

insolvent entities but on the remodelling of the financial and

organisational structure of debtors experiencing financial distress so as

to permit the rehabilitation and continuation of their business.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 3: Debt Restructuring

Insolvency - Debt restructuring

1 Debt restructurings are typically handled by professional insolvency and restructuring practitioners, and

are usually less expensive and a preferable alternative to bankruptcy.

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Page 4: Debt Restructuring

Insolvency - Debt restructuring

1 Debt restructuring is a process that allows a private or public company - or a sovereign entity - facing cash

flow problems and financial distress, to reduce and renegotiate its

delinquent debts in order to improve or restore liquidity and rehabilitate so

that it can continue its operations.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 5: Debt Restructuring

Debt restructuring

1 'Debt restructuring' is a process that allows a private or public company – or a sovereign entity – facing cash

flow problems and financial distress, to reduce and renegotiate its

delinquent debts in order to improve or restore liquidity and rehabilitate so

that it can continue its operations.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 6: Debt Restructuring

Debt restructuring - Motivation

1 A debt restructuring is usually less expensive and a preferable

alternative to bankruptcy. The main costs associated with a business debt restructuring are the time and effort to negotiate with bankers, creditors,

vendors and tax authorities. Debt restructurings typically involve a

reduction of debt and an extension of payment terms.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 7: Debt Restructuring

Debt restructuring - Motivation

1 In the United States, small business bankruptcy filings cost at least $50,000 in

legal and court fees, and filing costs in excess of $100,000 are common. By some

measures, only 20% of firms survive Chapter 11, Title 11, United States Code|Chapter 11 bankruptcy filings.Buljevich,

Esteban C.,Cross Border Debt Restructuring: Innovative Approaches for Creditors,

Corporate and Sovereigns ISBN 1-84374-194-6

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Page 8: Debt Restructuring

Debt restructuring - Motivation

1 Like debt restructuring debt mediation is a business to business activity and should not be confused

with or considered in the same manner as the more blurry world of individual debt reduction involving

credit cards, unpaid taxes and defaulted mortgages.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 9: Debt Restructuring

Debt restructuring - Motivation

1 While there are numerous companies providing restructuring for large

corporations, there are few legitimate firms working for the small business community. Legitimate debt restructuring firms only work for the

debtor client (not as a debt collection agency) and should charge fees

based on success.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 10: Debt Restructuring

Debt restructuring - Switzerland

1 Under Switzerland|Swiss law, debt restructuring may occur out of court,

or through a court-mediated debt restructuring agreement that may

provide for a partial waiver of debts, or for a liquidation of the debtor's

assets by the creditors.

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Page 11: Debt Restructuring

Debt restructuring - United Kingdom

1 The majority of debt restructuring within the United Kingdom, certainly

in the commercial sector, is undertaken on a collaborative basis

between the borrower and the creditors. Should this be

unsatisfactory in the first instance, the court may be asked to mediate

and administrators appointed.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 12: Debt Restructuring

Debt restructuring - Italy

1 Debt restructuring within Italy may occur either out of court (ex article 67 of the

Italian Bankruptcy Law) when a waiver or simple debt rescheduling is required, or

through a court-mediated debt restructuring agreement (ex article 182/bis of the Italian

Bankruptcy Law) and may provide for a partial waiver of debts, mandatory

recapitalization of the debtor, or for a liquidation of certain debtor's assets to

repay privileged creditors.https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 13: Debt Restructuring

Argentine debt restructuring

1 A second debt restructuring in 2010 brought the percentage of bonds out

of default to 93%, though ongoing disputes with holdout problem|

holdouts remained

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Page 14: Debt Restructuring

Argentine debt restructuring

1 Proposed solutions include seeking waivers of the RUFO clause from bondholders, or waiting for the RUFO clause to expire at

the end of 2014. The dilemma raised concerns internationally about the ability

of a small minority to forestall an otherwise-agreed debt restructuring of an insolvent country, and the ruling that led to it was widely criticized both within the

United States and internationally.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 15: Debt Restructuring

Argentine debt restructuring - Argentine financial crisis

1 Large-scale debt restructuring was needed urgently, since the high-

interest bonds had become unpayable

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Page 16: Debt Restructuring

Argentine debt restructuring - Holdout problem

1 A third debt restructuring offer to remaining holdouts on similar terms to the 2010 swap was announced on

August 27, 2013

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Page 17: Debt Restructuring

Argentine debt restructuring - First restructuring (2005)

1 In January 2005, the Argentine Government offered the first debt

restructuring to affected bondholders; nearly 76% of the

defaulted bonds (USD62.5 billion) were thus exchanged and brought

out of default

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 18: Debt Restructuring

Argentine debt restructuring - IMF Repayment

1 Nobel Economics Prize laureate Joseph Stiglitz repeatedly criticized

the IMF and supported the Argentine strategies on the debt restructuring,

but opposed the disindebtment policy, suggesting instead that the

IMF should receive the same treatment as the other creditors

https://store.theartofservice.com/the-debt-restructuring-toolkit.html

Page 19: Debt Restructuring

Lanco Infratech - Debt Restructuring

1 By July 2013, the company had filed for debt restructuring, citing a business slowdown.

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Page 20: Debt Restructuring

Lanco Infratech - Debt Restructuring

1 [http://www.livemint.com/2007/10/17000537/Lanco-seeks-

additional-coal-fo.html Lanco seeks additional coal for Anpara C power

project in UP - Livemint] the company ran into financial trouble and has filed for Corporate Debt

restructuring in

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Page 21: Debt Restructuring

Argentine economic crisis (1999–2002) - Debt restructuring

1 The government reached an agreement in 2005 by which 76% of the defaulted bonds were exchanged for others, with a nominal

value of 25–35% of the original and at longer terms. A second debt restructuring in 2010

brought the percentage of bonds out of default to 93%, though holdout problem|

holdout lawsuits led by vulture funds remained ongoing. Foreign currency

denominated debt thus fell as a percentage of GDFP from 150% in 2003 to 8.3% in 2013.

https://store.theartofservice.com/the-debt-restructuring-toolkit.html