IBA Annual Conference Miami 2022

30 Oct - 4 Nov 2022

Room 233, Level 2

Session information

Debt recovery and corporates' restructuring schemes: are creditors worse-off than they used to be?

Tuesday 1 November (1115 - 1230)

Room 233, Level 2
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Banking & Financial Law Committee (Lead)


Influenced by the recommendations of the IMF, the World Bank and other similar institutions, lawmakers are progressively introducing various types of restructuring schemes aimed at assisting distressed businesses to restructure their assets and liabilities in order to restore long-term economic viability and avoid bankruptcy. Concepts such as “best-of-creditors’ interest test” or “absolute/relative priority rule” are paramount to define each legal scheme and assess whether or not creditors’ expected recovery ratios should be enhanced following the introduction of the schemes, the scope of protection offered to secured or preferred creditors, the chances of hold-out creditors blocking the restructuring, etc.  The session intends to provide a roadmap to lawyers advising banks and other professional creditors on the intricacies of some model restructuring schemes.

Session / Workshop Chair(s)

Fernando Azofra Uria Menendez, Madrid, Spain; Co-Chair, Banking & Financial Law Committee


Monique Mavignier BMA Advogados, São Paulo, Brazil; Diversity and Inclusion Officer, Banking & Financial Law Committee
Ulrike Naumann Bowmans, Johannesburg, South Africa; Vice Chair, Banking & Financial Law Committee
Eric Rosof Wachtell, Lipton, Rosen & Katz, New York, New York, USA; Real Estate Section Liaison Officer, Banking & Financial Law Committee
David Steinberg Stevens & Bolton, Guildford, England; Annual Conference Officer, Insolvency Section