Loan-To-Own Investment Strategies After Fisker

Law360, New York (April 27, 2015, 10:28 AM EDT) -- In a "loan-to-own" investment, an investor acquires secured debt at a discount to leverage the face amount of the debt in an asset purchase or debt-to-equity swap. For example, if an investor can buy $50 million worth of debt for $25 million, it can, in a bankruptcy proceeding, bid on the underlying assets that secure the debt at a 50 percent discount, because the investor can credit-bid the face value of the debt as the equivalent of cash in a sale of collateral in bankruptcy, thus creating a competitive advantage over cash or strategic bidders....

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