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Troubled Structured Credits

January 29, 2009

The last year has seen an unprecedented number of structured transactions face defaults and require restructuring, use of remedies and/or liquidation. Our attorneys, who have been involved in many of the largest and most complicated portfolio sales of troubled assets, SIV and SIV Lite restructurings, and bankruptcies in recent times, shared their strategies and first-hand lessons regarding legal issues that arise during these situations.

The following topics were explored:

  • portfolio sales of troubled assets to governmental entities and fund vehicles
  • complex issues posed by SIV and SIV Lite restructurings
  • bankruptcy issues related to use of remedies and transfers of servicing
  • UCC foreclosure and sale remedies
  • conflicts between senior and subordinated creditors
  • indenture trustee concerns