In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.
For distressed businesses, debt restructuring is the most practical option to solve financial woes without filing for bankruptcy. However, out-of-court restructuring of debt presents unique complexities, including in the case of secured loans, navigating amendment and intercreditor provisions in loan documentation.
The economic turmoil brought by the COVID-19 pandemic has given rise to a wave of distressed companies. Because of today's chaotic economic landscape, these distressed companies need to be more well versed in dealing with their debts and obligations. With the unprecedented challenges of managing distressed debts in the backdrop, both lenders and creditors will need to explore available options such as restructurings and workouts with increased prudence.