Corporations with funded debt that become financially distressed to the point that they commence restructuring or liquidation proceedings often require additional funding to see those proceedings through to completion. In this legal analyst quarterly report, the Debtwire legal analyst team discusses the various requirements for obtaining financing after the commencement of a liquidation or reorganization proceeding in the US, the UK, Latin America and Asia Pacific regions, exploring the various options available in each jurisdiction to incentivize lenders and highlighting recent examples of some of the tensions that can arise.
Prior to joining Debtwire, Sara was a law clerk to two judges in the United States Bankruptcy Court, S.D.N.Y. and practiced in the Financial Restructuring Group at Clifford Chance, where she represented financial institutions (as secured and unsecured creditors, defendants in adversary proceedings, and participants in DIP financings) in high-profile restructurings. She also represented foreign representatives in Chapter 15 cross-border cases.
Dawn is a former practising restructuring and insolvency lawyer. Prior to joining Debtwire as a Legal Analyst, Dawn practised with DLA Piper UK LLP and Stevens & Bolton LLP, as well as working in legal know-how for LexisNexis. Dawn’s experience includes advising lenders, insolvency practitioners, directors and creditors in relation to insolvency and restructuring issues. Dawn worked on several large-scale restructurings.
Arthur Almeida is a former restructuring attorney. Prior to joining Debtwire as a Legal Analyst, he practiced with Passos & Sticca Advogados Associados, and worked in the legal department of Banco Fibra S.A. Arthur’s experience includes participating in major civil litigation on credit recovery, representing creditors such as banks and financial institutions in high-profile restructurings. He also obtained his LL.M in Financial and Capital Markets Law from Insper Instituto de Ensino e Pesquisa, and is currently enrolled in the Master's Program in Commercial Law at Universidade de Sao Paulo.
Prior to joining Debtwire, Ashley was a Partner at DLA Piper in Hong Kong with a practice focused on contentious cross-border restructuring and insolvency matters. Ashley regularly advised financial institutions, investors, debtors and insolvency practitioners in connection with a range of high-profile restructuring matters in Asia involving schemes of arrangement, contested winding-up proceedings, light-touch offshore proceedings, debtor-in-possession matters and cross-border recognition applications. Ashley is a Fellow of INSOL International.