Talking Nontraditional Ch. 11 Strategies

Law360, New York (January 31, 2012, 3:03 PM EST) -- We predict that out-of-court, prepackaged and prearranged restructuring strategies will continue to be favored in 2012. Sophisticated stakeholders and financially distressed companies prefer to avoid in-court proceedings and the uncertainties and expense typically associated with traditional Chapter 11 cases.

Out-of-court financial restructurings can be accomplished with a broad variety of transactions, including tender offers, exchange offers, recapitalizations, refinancings, debt-to-equity conversions, consent solicitations that modify terms of existing debt instruments, amendments and extensions to existing credit facilities, new equity investments, and traditional merger and acquisition transactions. However,...
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