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Investing in Distressed Debt in Europe 2nd ed (eBook)

Edited by: Ignacio Buil Aldana, Patricia Álvarez Alonso

ISBN13: 9781787429383
Published: July 2023
Publisher: Globe Law and Business
Country of Publication: UK
Format: eBook (ePub)
Price: £195.00
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Throughout the COVID-19 pandemic, opportunities for distressed-debt investors continued to appear in the European market despite high numbers of state-backed loans and financial injections from EU member states. Such opportunities are set to increase significantly as this financial assistance is gradually withdrawn, and especially in light of the EU Directive 1023/2019 on Preventive Restructuring (the ‘Restructuring Directive’), which gives a more central role to distressed creditors who will benefit from more flexible pre-insolvency instruments with a broader scope.

This second edition, co-published with TMA Europe, provides an overview of the European distressed-debt market and covers, among other topics:

  • non-performing loans
  • direct lending, and
  • restructuring and workouts

It explores these subjects from a pan-European viewpoint and includes a comprehensive analysis of how the Restructuring Directive has been implemented. Chapters have been written by leading experts in the field, supported by consulting editors Ignacio Buil Aldana and Patricia Alvarez Alonso, partners in the restructuring, insolvency and special situations team at the London office of Spanish law firm Cuatrecasas.

Whether you are a lawyer in private practice or in-house, a financial adviser or an investor, this practical guide will provide you with invaluable insight and a better understanding of the commercial and legal complexities involved in the European distressed-debt market.

Subjects:
Banking and Finance, eBooks
Contents:
Part I: Introduction
Patricia Álvarez Alonso & Ignacio Buil Aldana of Cuatrecasas, Gonçalves Pereira

Part II: Acquisition of distressed debt
Anatomy of an LMA distressed trade transaction and transfer mechanisms under English law
Elizabeth Bilbao
Mandel, Katz & Brosnan LLP
Overview of distressed trading in selected jurisdictions:
France
Jérémie Bismuth, Nadia Haddad, François Lepany, Antoine Texier & Akim Zellami of Gide Loyrette Nouel
Germany
Daniel Hiemer, Alexander MH Längsfeld & Sacha Lürken of Kirkland & Ellis International LLP
Italy
Gregorio Consoli & Federica Scialpi of Chiomenti Studio Legal
Spain
Beatriz Causapé & Adriana Serra of Cuatrecasas, Gonçalves Pereira

Part III: The European non-performing loans (NPL) market
The European NPL market and its policy drivers
Fernando Mínguez Hernández of Cuatrecasas, Gonçalves Pereira
Anatomy of the NPL and REO portfolio market in Spain
Iñigo Rubio Lasarte of Cuatrecasas, Gonçalves Pereira

Part IV: Direct lending
Trends in direct lending
Mark Fine of McDermott Will & Emery
Legal structuring of direct lending deals in selected European jurisdictions:
France
Jérémie Bismuth, Nadia Haddad, François Lepany, Antoine Texier & Akim Zellami of Gide Loyrette Nouel
Germany
Daniel Hiemer
Alexander MH Längsfeld
Sacha Lürken of Kirkland & Ellis International LLP
Italy
Giorgio Cappelli, Maurizio Fresca, Andrea Martino, Alessandro Pappadà & Matteo Venuta of Chiomenti Studio Legale
Spain
Patricia Álvarez Alonso & María Lérida of Cuatrecasas, Gonçalves Pereira
United Kingdom
Rafael Serrano, Alex Griffith & Elisabeth Baltay of Proskauer

Part V: Restructuring and workouts
Developments in the European legal framework for restructuring
France
Jérémie Bismuth, Nadia Haddad, François Lepany, Antoine Texier & Akim Zellami of Gide Loyrette Nouel
Germany
Sacha Lürken of Kirkland & Ellis International LLP
Italy
Giulia Battaglia & Antonio Tavella of Chiomenti Studio Legale
Spain
Ignacio Buil Aldana & Francisco Marzá Tornel of Cuatrecasas, Gonçalves Pereira
Sales of business units
Andrea Perelló & Fedra Valencia of Cuatrecasas, Gonçalves Pereira
Restructuring plans and pre-packs in the UK
Daniel Stathis & Kate Stephenson of Kirkland & Ellis International LLP

Part VI: Taxation
Structuring the acquisition and disposal of distressed debt
Javier Calle & Rebeca Rodríguez of Cuatrecasas, Gonçalves Pereira; David Burke & William Fogarty of Maples Group