Highland Filing Shows Benefits Of Ch. 11 For Hedge Funds

Law360 (November 19, 2019, 3:37 PM EST) -- Last month’s Chapter 11 filing by Highland Capital Management LP, Highland Capital Partner LLC’s investment advisory unit, represents a rarely seen move for U.S. hedge funds. Hedge fund governing agreements generally include lock-up and notice provisions, as well as other restrictions upon redemption by investors, permitting funds to weather most storms without seeking the protections of a bankruptcy proceeding. Some hedge funds are also structured to allow hedge fund managers to suspend withdrawals unilaterally, such as during a market disruption.

Where investors are the only significant claimants on a troubled hedge fund’s assets, these redemption restrictions allow underperforming funds to wind...

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