Secondary market credit trading and out-of-court restructurings have co-existed for many years. The relationship is close, but far from collaborative. Two intertwined issues are to be blamed.
On the one hand, record owners may not be economic owners of the loans and claims due to secondary trading, and on the other, the success of a restructuring requires achieving and maintaining the broadest support from creditors in a compressed timeframe at the lowest cost to the restructuring company. In this client alert, RK&O partner Julia Lu makes several suggestions to professionals on both sides.