Financial Sector Crisis and Restructuring


Book Description

An IMF paper reviewing the policy responses of Indonesia, Korea and Thailand to the 1997 Asian crisis, comparing the actions of these three countries with those of Malaysia and the Philippines. Although all judgements are still tentative, important lessons can be learned from the experiences of the last two years.




Bankruptcy and Financial Restructuring Settlements and Negotiations


Book Description

Bankruptcy and Financial Restructuring Settlements and Negotiations is an authoritative, insider?s perspective on best practices for dealing with financially distressed companies. Featuring partners from some of the nation?s leading law firms, these experts guide the reader through the intricacies of bankruptcy and financial restructuring, from both a creditor's and debtor's perspective, detailing the various solutions and forums available to each party. These top lawyers give tips on negotiating, arriving at a settlement, and avoiding litigation, while outlining the federal and state laws that govern both in-court and out-of-court proceedings. The authors cover key topics such as: strategies for restructuring a balance sheet; methods of reducing debt and increasing capital; alternative solutions for paying off debt, such as liquidating assets and offering stock options; and valuable tips for educating creditors on their legal rights and options for collecting outstanding debts. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this challenging area of law.Chapters include:1. Peter C. Blain, Partner and Head of Bankruptcy and Creditors? Rights Practice Group, Reinhart Boerner Van Deuren SC - "Steps to Helping the Client Define and Achieve Their Objective"2. Timothy F. Nixon, Shareholder, Godfrey & Kahn SC - "Staying in the Room When the Pin Has Been Pulled: Psychology and Strategy for Working with Financially Distressed Companies"3. John Burns, Partner, Baker & Daniels - "The Business Bankruptcy Process: Maximizing the Value of a Going Concern"4. Andrea Dobin, Shareholder and Director, Sterns & Weinroth - "Crafting an Agreement to Satisfy All Parties Involved"5. Patricia B. Fugee, Esq., Partner, Roetzel & Andress - "Getting and Keeping What Is Yours Without Burning Bridges"6. Michael Jankowski, Shareholder, Reinhart Boerner Van Deuren SC - "Keys to Success in Negotiation and Other Aspects of Bankruptcy Law"7. Jeffrey M. Sherman, Shareholder, Hall Estill Hardwick Gable Golden & Nelson PC - "From Insurers to Trustees: Offering Representation that Adds Value"Appendices:1. Appendix A: Forbearance Agreement 2. Appendix B: Composition and Extension Agreement 3. Appendix C: Accommodation Agreement 4. Appendix D: Plan of Restructuring 5. Appendix E: Plan of Liquidation 6. Appendix F: Plan of Restructuring for Debtor 7. Appendix G: Forbearance Agreement 8. Appendix H: Plan of Reorganization 9. Appendix I: Motion for Approval of Sale 10. Appendix J: Equity Security Holders Committee Memorandum 11. Appendix K: Bankruptcy Preference Demand Letter 12. Appendix L: New Value Analysis 13. Appendix M: Letter Regarding Preferential Payment 14. Appendix N: Letter Regarding Request for Documents 15. Appendix O: Reclamation Demand and Notice for Filing 16. Appendix P: Motion and Order Regarding Reclamation Rights 17. Appendix Q: Motion and Order for Essential Vendor Payments




The Economics of Bankruptcy Reform


Book Description

We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.




Bankruptcy Around the World


Book Description




Sovereign Debt Restructurings 1950-2010


Book Description

This paper provides a comprehensive survey of pertinent issues on sovereign debt restructurings, based on a newly constructed database. This is the first complete dataset of sovereign restructuring cases, covering the six decades from 1950–2010; it includes 186 debt exchanges with foreign banks and bondholders, and 447 bilateral debt agreements with the Paris Club. We present new stylized facts on the outcome and process of debt restructurings, including on the size of haircuts, creditor participation, and legal aspects. In addition, the paper summarizes the relevant empirical literature, analyzes recent restructuring episodes, and discusses ongoing debates on crisis resolution mechanisms, credit default swaps, and the role of collective action clauses.




An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency


Book Description

This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.




The European Restructuring Directive


Book Description

This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.




Restructuring Sovereign Debt


Book Description

The Western powers established the International Monetary Fund (IMF) and the World Bank after World War II as "permanent machinery" to anchor the Bretton Woods system. When developing countries began experiencing debt problems in the late 1960s, the Paris Club took shape as "ad hoc machinery" to restructure debt from export credit agencies. A decade later the London Club process emerged to handle workouts of commercial bank debt. Restructuring debt in the form of bonds became an issue in the late 1990s in Argentina and several other nations, and the IMF recently proposed a permanent mechanism to deal with that challenge. Restructuring Sovereign Debt explains why ad hoc machinery would function more effectively in the Bretton Woods system. By describing in detail the origins and operations of the London Club and Paris Club, Lex Rieffel highlights the pragmatism and flexibility associated with ad hoc approaches. He also recalls earlier proposals for creating permanent debt restructuring machinery and the reasons why they were not adopted. Recognizing that the issue of sovereign debt workout is complex, Rieffel has provided a comprehensive and detailed exposition of this important policy issue. Rieffel's book is an important tool for policymakers and the public, particularly as the global community seeks to resolve the debt problems of countries as diverse as Argentina, Iraq, and Côte d'Ivoire.




Bankruptcy Procedures for Sovereigns


Book Description

This paper describes the evolution of ideas to apply bankruptcy reorganization principles to sovereign debt crises. Our focus is on policy proposals between the late 1970s and Anne Krueger's (2001) proposed "Sovereign Debt-Restructuring Mechanism," with brief reference to the economics literature on sovereign debt. We describe the perceived inefficiencies that motivate proposals, and how proposals seek to change debtor and creditor incentives. We find that there has been a moving concensus on what constitutes the underlying problem, but not on how to fix it. The range of proposed approaches remains broad and only recently shows some signs of narrowing.




From Bail-out to Bail-in


Book Description

Staff Discussion Notes showcase the latest policy-related analysis and research being developed by individual IMF staff and are published to elicit comment and to further debate. These papers are generally brief and written in nontechnical language, and so are aimed at a broad audience interested in economic policy issues. This Web-only series replaced Staff Position Notes in January 2011.