New Financing for Distressed Businesses in the Context of Business Restructuring Law

New Financing for Distressed Businesses in the Context of Business Restructuring Law

Author: Sanford U. Mba

Publisher: Springer

Published: 2019-06-29

Total Pages: 285

ISBN-13: 3030197492

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This book focuses on the restructuring of distressed businesses, emphasizing the need for new financing during the restructuring process as well as during relaunch, and examines the role of law in encouraging creditor confidence and incentivizing lending. It describes two broad approaches to encouraging new finance during restructuring: a prescriptive one that seeks to attract credit using expressly defined statutory incentives, and a market-based one that relies on the business judgment of lenders against the backdrop of transaction avoidance rules. Securing new financing for a distressed business is a critical part of successful restructuring. Without such financing, the business may be unable to meet interim liquidity constraints, or to implement its restructuring plans. This book addresses related questions concerning the place of new financing as an essential component of restructuring. In general terms, the book explores how statutory interventions and the courts can provide support with contentious issues that arise from the provision of new financing, whether through new financing agreements or through distressed debt investors, who are increasingly gaining prominence as sources of new financing for distressed businesses. It argues that courts play a key part in preventing or correcting the imbalances that can arise from the participation of distressed debt investors. In this context, it critically examines the distressed debt market in emerging markets like Nigeria and the opportunity presented by non-performing loans, arguing that the regulatory pattern of market entry may dis-incentivize distress debt investing in a market that is in dire need of financing. The book offers a fresh and comparative perspective on restructuring new financing for distressed businesses by comparing various approaches (primarily from the US, UK and Germany) and drawing lessons for frontier markets, with particular reference to Nigeria. It fills an important gap in international comparative scholarship and discusses a living problem with both empirical and policy aspects.


Book Synopsis New Financing for Distressed Businesses in the Context of Business Restructuring Law by : Sanford U. Mba

Download or read book New Financing for Distressed Businesses in the Context of Business Restructuring Law written by Sanford U. Mba and published by Springer. This book was released on 2019-06-29 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the restructuring of distressed businesses, emphasizing the need for new financing during the restructuring process as well as during relaunch, and examines the role of law in encouraging creditor confidence and incentivizing lending. It describes two broad approaches to encouraging new finance during restructuring: a prescriptive one that seeks to attract credit using expressly defined statutory incentives, and a market-based one that relies on the business judgment of lenders against the backdrop of transaction avoidance rules. Securing new financing for a distressed business is a critical part of successful restructuring. Without such financing, the business may be unable to meet interim liquidity constraints, or to implement its restructuring plans. This book addresses related questions concerning the place of new financing as an essential component of restructuring. In general terms, the book explores how statutory interventions and the courts can provide support with contentious issues that arise from the provision of new financing, whether through new financing agreements or through distressed debt investors, who are increasingly gaining prominence as sources of new financing for distressed businesses. It argues that courts play a key part in preventing or correcting the imbalances that can arise from the participation of distressed debt investors. In this context, it critically examines the distressed debt market in emerging markets like Nigeria and the opportunity presented by non-performing loans, arguing that the regulatory pattern of market entry may dis-incentivize distress debt investing in a market that is in dire need of financing. The book offers a fresh and comparative perspective on restructuring new financing for distressed businesses by comparing various approaches (primarily from the US, UK and Germany) and drawing lessons for frontier markets, with particular reference to Nigeria. It fills an important gap in international comparative scholarship and discusses a living problem with both empirical and policy aspects.

Corporate Financial Distress, Restructuring, and Bankruptcy

Corporate Financial Distress, Restructuring, and Bankruptcy

Author: Edward I. Altman

Publisher: John Wiley & Sons

Published: 2019-03-26

Total Pages: 374

ISBN-13: 1119481805

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A comprehensive look at the enormous growth and evolution of distressed debt markets, corporate bankruptcy, and credit risk models This Fourth Edition of the most authoritative finance book on the topic updates and expands its discussion of financial distress and bankruptcy, as well as the related topics dealing with leveraged finance, high-yield, and distressed debt markets. It offers state-of-the-art analysis and research on U.S. and international restructurings, applications of distress prediction models in financial and managerial markets, bankruptcy costs, restructuring outcomes, and more.


Book Synopsis Corporate Financial Distress, Restructuring, and Bankruptcy by : Edward I. Altman

Download or read book Corporate Financial Distress, Restructuring, and Bankruptcy written by Edward I. Altman and published by John Wiley & Sons. This book was released on 2019-03-26 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive look at the enormous growth and evolution of distressed debt markets, corporate bankruptcy, and credit risk models This Fourth Edition of the most authoritative finance book on the topic updates and expands its discussion of financial distress and bankruptcy, as well as the related topics dealing with leveraged finance, high-yield, and distressed debt markets. It offers state-of-the-art analysis and research on U.S. and international restructurings, applications of distress prediction models in financial and managerial markets, bankruptcy costs, restructuring outcomes, and more.

Business Bankruptcy

Business Bankruptcy

Author: Adam J. Levitin

Publisher: Aspen Publishing

Published: 2022-09-14

Total Pages: 1221

ISBN-13: 1543847080

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Levitin’s Business Bankruptcy: Financial Restructuring and Modern Commercial Markets, Third Edition is a comprehensive textbook on business reorganization law, covering modern financing structures, out-of-court restructuring and Chapter 7 and Chapter 11 bankruptcy. Business Bankruptcy: Financial Restructuring and Modern Commercial Markets provides students with a contemporary stand-alone business bankruptcy text. Designed to teach financial restructuring law in a realistic twenty-first century commercial context, the book uses problem sets to explore not only Chapter 7 and 11 bankruptcy, but also out-of-court restructuring, modern financial products and transactions, and advanced in-court restructuring topics. New to the Third Edition: Coverage of Subchapter V small business reorganizations Expanded coverage of labor and pension issues Expanded coverage of sub rosa restructuring plans Expanded coverage of restructuring support agreements and rights offerings Revised coverage of fraudulent transfers Professors and students will benefit from: Unique coverage of out-of-court restructuring providing students with realistic view of contemporary restructuring practice and shows what Chapter 11 adds to the financial restructuring toolkit. Detailed coverage of modern financial products and markets— derivatives, securitization, loan syndications, and claims trading—familiarizing students with the dynamics of the modern restructuring landscape. Comprehensive expository text clearly explains the operation of the Bankruptcy Code and the policy issues involved. In-depth case-studies contextualizing judicial decisions within larger strategic picture. Incorporation of actual deal documents, including a bond indenture, a loan syndication agreement, ISDA Master Agreement, and a restructuring support agreement. Modular design enabling optional coverage of advanced topics.


Book Synopsis Business Bankruptcy by : Adam J. Levitin

Download or read book Business Bankruptcy written by Adam J. Levitin and published by Aspen Publishing. This book was released on 2022-09-14 with total page 1221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Levitin’s Business Bankruptcy: Financial Restructuring and Modern Commercial Markets, Third Edition is a comprehensive textbook on business reorganization law, covering modern financing structures, out-of-court restructuring and Chapter 7 and Chapter 11 bankruptcy. Business Bankruptcy: Financial Restructuring and Modern Commercial Markets provides students with a contemporary stand-alone business bankruptcy text. Designed to teach financial restructuring law in a realistic twenty-first century commercial context, the book uses problem sets to explore not only Chapter 7 and 11 bankruptcy, but also out-of-court restructuring, modern financial products and transactions, and advanced in-court restructuring topics. New to the Third Edition: Coverage of Subchapter V small business reorganizations Expanded coverage of labor and pension issues Expanded coverage of sub rosa restructuring plans Expanded coverage of restructuring support agreements and rights offerings Revised coverage of fraudulent transfers Professors and students will benefit from: Unique coverage of out-of-court restructuring providing students with realistic view of contemporary restructuring practice and shows what Chapter 11 adds to the financial restructuring toolkit. Detailed coverage of modern financial products and markets— derivatives, securitization, loan syndications, and claims trading—familiarizing students with the dynamics of the modern restructuring landscape. Comprehensive expository text clearly explains the operation of the Bankruptcy Code and the policy issues involved. In-depth case-studies contextualizing judicial decisions within larger strategic picture. Incorporation of actual deal documents, including a bond indenture, a loan syndication agreement, ISDA Master Agreement, and a restructuring support agreement. Modular design enabling optional coverage of advanced topics.

The Law and Practice of Restructuring in the UK and US

The Law and Practice of Restructuring in the UK and US

Author: Shai Y. Waisman

Publisher: Oxford University Press, USA

Published: 2011-04-07

Total Pages: 535

ISBN-13: 0199583773

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The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.


Book Synopsis The Law and Practice of Restructuring in the UK and US by : Shai Y. Waisman

Download or read book The Law and Practice of Restructuring in the UK and US written by Shai Y. Waisman and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.

Business Bankruptcy

Business Bankruptcy

Author: Adam Jeremiah Levitin

Publisher: Aspen Publishers

Published: 2015-09-03

Total Pages: 0

ISBN-13: 9781454858027

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Business Bankruptcy: Financial Restructuring and Modern Commercial Markets provides students with a contemporary stand-alone business bankruptcy text. Designed to teach financial restructuring law in a realistic twenty-first century commercial context, the book explores not only Chapter 7 and 11 bankruptcy, but also out-of-court restructuring, modern financial products and transactions, as well as advanced in-court topics. This dynamic casebook is ideal for students who will go into financial restructuring practices and should be targeted to Tier 1 and Tier 2 law schools, especially those faculty members who have recent practice experience and know how out of date the existing competition remains. Look for these key features in the new edition: Expository text with tightly integrated statutory excerpts Covers both classic and contemporary cases Extensive problem sets In-depth case-studies contextual judicial decisions Unique coverage of legal issues in out-of-court restructuring Detailed coverage of modern financial products and markets Text and problem sets incorporate a range of deal documents Modular design enables optional coverage of advanced topics


Book Synopsis Business Bankruptcy by : Adam Jeremiah Levitin

Download or read book Business Bankruptcy written by Adam Jeremiah Levitin and published by Aspen Publishers. This book was released on 2015-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business Bankruptcy: Financial Restructuring and Modern Commercial Markets provides students with a contemporary stand-alone business bankruptcy text. Designed to teach financial restructuring law in a realistic twenty-first century commercial context, the book explores not only Chapter 7 and 11 bankruptcy, but also out-of-court restructuring, modern financial products and transactions, as well as advanced in-court topics. This dynamic casebook is ideal for students who will go into financial restructuring practices and should be targeted to Tier 1 and Tier 2 law schools, especially those faculty members who have recent practice experience and know how out of date the existing competition remains. Look for these key features in the new edition: Expository text with tightly integrated statutory excerpts Covers both classic and contemporary cases Extensive problem sets In-depth case-studies contextual judicial decisions Unique coverage of legal issues in out-of-court restructuring Detailed coverage of modern financial products and markets Text and problem sets incorporate a range of deal documents Modular design enables optional coverage of advanced topics

Corporate Financial Distress and Bankruptcy

Corporate Financial Distress and Bankruptcy

Author: Edward I. Altman

Publisher: John Wiley & Sons

Published: 2010-03-11

Total Pages: 314

ISBN-13: 1118046048

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A comprehensive look at the enormous growth and evolution of distressed debt, corporate bankruptcy, and credit risk default This Third Edition of the most authoritative finance book on the topic updates and expands its discussion of corporate distress and bankruptcy, as well as the related markets dealing with high-yield and distressed debt, and offers state-of-the-art analysis and research on the costs of bankruptcy, credit default prediction, the post-emergence period performance of bankrupt firms, and more.


Book Synopsis Corporate Financial Distress and Bankruptcy by : Edward I. Altman

Download or read book Corporate Financial Distress and Bankruptcy written by Edward I. Altman and published by John Wiley & Sons. This book was released on 2010-03-11 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive look at the enormous growth and evolution of distressed debt, corporate bankruptcy, and credit risk default This Third Edition of the most authoritative finance book on the topic updates and expands its discussion of corporate distress and bankruptcy, as well as the related markets dealing with high-yield and distressed debt, and offers state-of-the-art analysis and research on the costs of bankruptcy, credit default prediction, the post-emergence period performance of bankrupt firms, and more.

The Harmonisation of Transaction Avoidance in the EU

The Harmonisation of Transaction Avoidance in the EU

Author: Oriana Casasola

Publisher: Edward Elgar Publishing

Published: 2023-08-14

Total Pages: 231

ISBN-13: 1803928387

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This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.


Book Synopsis The Harmonisation of Transaction Avoidance in the EU by : Oriana Casasola

Download or read book The Harmonisation of Transaction Avoidance in the EU written by Oriana Casasola and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.

The Art of Distressed M&A: Buying, Selling, and Financing Troubled and Insolvent Companies

The Art of Distressed M&A: Buying, Selling, and Financing Troubled and Insolvent Companies

Author: H. Peter Nesvold

Publisher: McGraw Hill Professional

Published: 2010-12-17

Total Pages: 400

ISBN-13: 0071750304

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Pessimists see distressed M&A . . . Optimists see distressed M&A Opportunities abound in “bankruptcy beauties”—both in good times and bad. Distressed mergers and acquisitions used to be the domain of a handful of specialists, who generated handsome profits by unlocking value in troubled companies. Now, you can learn the secrets for participating in these deals with knowledge and confidence. The Art of Distressed M&A provides the critical information needed to manage the unique complexities of buying, selling, and financing troubled companies. The Art of Distressed M&A arms you with creative solutions to seemingly impossible problems and helps you to avoid common pitfalls. This comprehensive guide enables you to: Understand the roles, rights, and responsibilities of debtors, secured creditors, unsecured creditors, advisors, trustees, and bankruptcy courts Navigate through complicated valuation, financing, legal, accounting, and tax issues Communicate effectively and make informed proposals in multiparty negotiations Create the optimal deal structure—from prepackaged plans of reorganization to 363 sales to loan-to-own transactions The Art of Distressed M&A also highlights practical examples using recent bankruptcy cases following the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and is the first publication of its kind since The Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010.


Book Synopsis The Art of Distressed M&A: Buying, Selling, and Financing Troubled and Insolvent Companies by : H. Peter Nesvold

Download or read book The Art of Distressed M&A: Buying, Selling, and Financing Troubled and Insolvent Companies written by H. Peter Nesvold and published by McGraw Hill Professional. This book was released on 2010-12-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pessimists see distressed M&A . . . Optimists see distressed M&A Opportunities abound in “bankruptcy beauties”—both in good times and bad. Distressed mergers and acquisitions used to be the domain of a handful of specialists, who generated handsome profits by unlocking value in troubled companies. Now, you can learn the secrets for participating in these deals with knowledge and confidence. The Art of Distressed M&A provides the critical information needed to manage the unique complexities of buying, selling, and financing troubled companies. The Art of Distressed M&A arms you with creative solutions to seemingly impossible problems and helps you to avoid common pitfalls. This comprehensive guide enables you to: Understand the roles, rights, and responsibilities of debtors, secured creditors, unsecured creditors, advisors, trustees, and bankruptcy courts Navigate through complicated valuation, financing, legal, accounting, and tax issues Communicate effectively and make informed proposals in multiparty negotiations Create the optimal deal structure—from prepackaged plans of reorganization to 363 sales to loan-to-own transactions The Art of Distressed M&A also highlights practical examples using recent bankruptcy cases following the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and is the first publication of its kind since The Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010.

Creating Value Through Corporate Restructuring

Creating Value Through Corporate Restructuring

Author: Stuart C. Gilson

Publisher: John Wiley & Sons

Published: 2001-08-07

Total Pages: 536

ISBN-13: 9780471405597

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This work is a collection of case studies illustrating real-world techniques, implementation, and strategies on corporate restructuring. They examine the numerous companies and trillions of dollars involved in corporate restructuring since the 1980s.


Book Synopsis Creating Value Through Corporate Restructuring by : Stuart C. Gilson

Download or read book Creating Value Through Corporate Restructuring written by Stuart C. Gilson and published by John Wiley & Sons. This book was released on 2001-08-07 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a collection of case studies illustrating real-world techniques, implementation, and strategies on corporate restructuring. They examine the numerous companies and trillions of dollars involved in corporate restructuring since the 1980s.

Distressed Debt Analysis

Distressed Debt Analysis

Author: Stephen G. Moyer

Publisher: J. Ross Publishing

Published: 2004-11-15

Total Pages: 518

ISBN-13: 1932159185

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Providing theoretical and practical insight, this book presents a conceptual, but not overly technical, outline of the financial and bankruptcy law context in which restructurings take place. The author uses numerous real- world examples to demonstrate concepts and critical issues. Readers will understand the chess-like, multi- move strategies necessary to achieve financially advantageous results.


Book Synopsis Distressed Debt Analysis by : Stephen G. Moyer

Download or read book Distressed Debt Analysis written by Stephen G. Moyer and published by J. Ross Publishing. This book was released on 2004-11-15 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing theoretical and practical insight, this book presents a conceptual, but not overly technical, outline of the financial and bankruptcy law context in which restructurings take place. The author uses numerous real- world examples to demonstrate concepts and critical issues. Readers will understand the chess-like, multi- move strategies necessary to achieve financially advantageous results.