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Download your own free risk assessment calculator, designed to assist lawyers and turnaround management practitioners in assessing their clients' level of risk in restructuring and Chapter 11 negotiations.
http://www.macdonaldlaw.com/restructuring/index.shtml
When negotiating a restructuring, it is important to understand not only the technical legal rights of the parties but also the impact that the Debtor's valuation and its uncertainties has on those rights. The technical legal rule most often utilized in evaluating claims in a bankruptcy proceeding is the absolute priority rule, requiring senior creditors to be paid in full prior to junior creditors receiving anything. The tricky part comes in applying the rule where the valuation is uncertain and, in many cases, cannot be known with certainty during the bankruptcy proceedings.
The Restructuring Toolkit can be used to evaluate the impact of different valuation scenarios on the ultimate recovery to each class of creditors, identifying potentially rational bargains based on the range of possible outcomes. |