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9780199579693

Debt Restructuring

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  • ISBN13:

    9780199579693

  • ISBN10:

    0199579695

  • Format: Hardcover
  • Copyright: 2011-06-11
  • Publisher: Oxford University Press
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Summary

Debt Restructuringprovides a legal analysis of international corporate, banking and sovereign debt restructuring from both the creditors' and debtors' perspective. It provides a practical guide for creditors holding distressed debt, debtor options in a distressed scenario and the necessary steps for the parties to achieve their goals. Written by an expert author team of leading practitioners and academics, the legal analysis is supported by case studies and draft clauses. This topical work is divided into three parts: corporate debt restructuring; bank resolution; and sovereign debt restructuring. Focusing primarily on English and US law, there is coverage of regulation at EU level and the UNCITRAL model law on cross-border insolvencies. Regulatory, policy and practice changes developed as a result of the credit crisis are incorporated to provide a current account of practice in this field. Aimed at lawyers working in international finance, banking, insolvency or financial services regulation, as well as regulatory agencies, central banks, banking supervisors, accountants and investment banks,Debt Restructuringcan be used as a tool for international practitioners to understand the current trends in debt restructuring in order to provide a solution to their clients.

Author Biography


Rodrigo Olivares-Caminal is an Assistant Professor in the University of Warwick specialising in insolvency and financial law. He is Associate Editor-in-Chief of International Corporate Rescue (Chase Cambria). Richard Adkins QC is at 3-4 South Square with a particular specialisation in banking and insolvency work including corporate insolvency law and reconstructions. Hilary Stonefrost is also at 3-4 South Square and specializes in insolvency law and banking. Look Chan Ho is an attorney-at-law and solicitor in the restructuring and insolvency group at Freshfields Bruckhaus Deringer and specializes in corporate insolvency. Randall Guynn is head of Davis Polk & Wardwell's Financial Institutions Group. His practice focuses on providing strategic bank regulatory and enforcement advice. Alan Kornberg is a partner and chair of the bankruptcy and corporate reorganization department at Paul Weiss in New York. Sarah Paterson is a partner at Slaughter & May LLP. She advises on corporate recovery and insolvency matters and has worked on both international and domestic restructurings. Nick Segal is a partner in Freshfields' restructuring and insolvency group, having been a partner at Davis Polk & Wardwell in their New York office for three years and Allen & Overy in London for 15 years. Nick's experience includes advising on restructurings in the UK, US, Russia, Continental Europe, the Middle East and Asia and he is a leading practitioner in the international field.

Table of Contents


PART I: CORPORATE DEBT RESTRUCTURINGAlan Kornberg and Sarah Paterson:
1: Insolvency in the UK and the US
2: The EC Regulation on Insolvency Proceedings
3: Out-of-court vs. Court-supervised Restructuring
4: UNCITRAL's Model Law on Cross-Border Insolvencies
PART II: BANK RESOLUTIONJohn Douglas, Randall Guynn, Dalvinder Singh and Hilary Stonefrost:
5: Legal Aspects of Banking Regulation in the UK and USA
6: Banks in Distress
7: Bank Restructuring and Insolvency Procedures
8: Resolution of US Banks and other Financial Institutions
PART III: SOVEREIGN DEBT RESTRUCTURINGRodrigo Olivares-Caminal:
9: An Introduction to Sovereign Debt Restructuring
10: Litigation Aspects of Sovereign Debt
11: Transactional Aspects of Sovereign Debt Restructuring
PART I: CORPORATE DEBT RESTRUCTURING Alan Kornberg and Sarah Paterson
1. Insolvency in the UK/US
2. The EC Regulation on Insolvency Proceedings
3. Out-of-court vs. Court-supervised Restructuring
4. UNCITRAL's Model Law on Cross-Border Insolvencies
PART II: BANK RESOLUTION John Douglas, Randall Guynn, Dalvinder Singh, and Hilary Stonefrost
5. Legal Aspects of Bank Regulation in the UK and USA
6. Banks in Distress
7. Bank Restructuring and Insolvency Procedures
8. Resolution of US Banks and other Financial Institutions
PART III: SOVEREIGN DEBT RESTRUCTURING Rodrigo Olivares-Caminal
9. An Introduction to Sovereign Debt Restructuring
10. Litigation Aspects of Sovereign Debt
11. Transactional Aspects of Sovereign Debt Restructuring

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