Our Workouts and Insolvency Practice Group has advised secured and unsecured lenders in over US$20 billion of restructurings and workouts (not counting our advice to the United States Treasury Department in the 1995 US$20 billion emergency finance package to Mexico). Our restructuring, bankruptcy and workouts practice developed in the late seventies, significantly expanded in the early eighties as a consequence of the Mexican financial crisis and has remained a constant.
Drawing on its expertise as ‘one of Mexico’s leading finance sector legal-service providers’, Nader, Hayaux & Goebel has extensive involvement in the bankruptcy sector, particularly in relation to restructurings, workouts and non-litigious insolvency matters.
Legal500 Latin America 2017 (Bankruptcy / Restructuring)
We have been involved in every aspect of restructurings and workouts including strategic positioning and strategic alliances, structuring, coordination and litigation, documentation, asset divestitures, leveraged buyouts, debt repurchases, debt swaps, debt-to-equity swaps and refinancing through means ranging from take-out lenders, private equity, public offerings of commercial paper, notes and bonds and financial and leveraged leases.
Our restructuring, bankruptcy and workouts practice has generally represented banks including bank syndicates, investment funds, hedge funds and other financial institutions, bondholders and creditors’ committees, and has seldom represented debtors.
In addition to our Mexican workout and insolvency expertise, over the years we have acquired an expertise in cross border insolvency issues which has allowed us to work in conjunction with US counsels in the Mexican aspects of matters relating to section 302 and Chapter 15 of the US Bankruptcy Code and securities registration exemptions under the 1933 US Securities Act.
We have participated in most of the few Mexican pre-pack insolvency proceedings and have worked with US counsels in doing exchange offers of registered securities in the United States under the 310 exemption of the US Bankruptcy Code.