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Claim Monetization & Dilution

Kobre & Kim represents broad classes of investors, creditors, and their fiduciaries in situations where there is a risk that a debtor will not pay in full, as well as debtors targeted by creditors in similar distressed situations. We deploy aggressive, creative strategies that go beyond legal maneuvers, combining traditional legal skill sets with non-legal disciplines to deliver on a client’s commercial goals.

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Accolades November 8, 2023

Kobre & Kim, Peter Tyers-Smith Earn The Legal 500 Recognition for Dispute Resolution in the Cayman Islands

In recognition of the strength of the firm’s capabilities offshore, The Legal 500 has ranked Kobre & Kim highly for “Dispute Resolution” in the Cayman Islands, and recognized Peter Tyers-Smith among the “Leading Individuals” of the category.

Events October 30, 2023

Carolina Leung Explores Restructuring of Brazilian Companies Abroad in TMA Brazil Congress Panel

Tightening financial conditions have pushed many Brazilian companies closer to insolvency, and many are looking at their restructuring options. Looking to overseas jurisdictions may offer some of those Brazilian companies additional tools and protective benefits. Kobre & Kim’s Carolina Leung, who focuses on representing companies in cross-border disputes, explains that during the Turnaround Management Association (TMA) Brazil Congress in São Paulo on a panel on Tuesday, October 31, at 4:50 pm local time.

Client Alert October 26, 2023

International Creditors Can Crack Delaware's Notoriously Tough Trusts

Debtor-friendly Delaware has strong asset protection laws that make it a destination of choice for global entities and individuals looking to hold their assets in a trust.
This creates a headache for international creditors – recovering assets in a Delaware trust can seem like an insurmountable challenge.
By adopting a creative, aggressive and multijurisdictional strategy, however, creditors can crack even Delaware’s notoriously tough trusts.

Events October 16, 2023

John Han Explores Asia's Distressed Opportunities at Debtwire Forum

With recent macroeconomic and policy developments in Greater China and other parts of Asia, distressed credit investors have been in search of new opportunities across regions and sectors. Kobre & Kim’s John Han, who often serves as lead counsel monetizing claims related to Greater China and India for distressed credit investors, shared his insights on current opportunities at the Debtwire APAC Forum on October 10, 2023.

Events October 13, 2023

Andrew Stafford KC Unpacks Collectability Risk for Litigation Finance at C5 Paris Panel

Evaluating legal risk is the bread and butter of litigation finance -- but as an increasing number of financial institutions come under financial strain and claimants fight over a shrinking pool of assets, collectability risk has become just as important a consideration. Kobre & Kim's Andrew Stafford KC, who focuses on international judgment enforcement and asset recovery, explores collectability in the context of litigation funding at C5's Fraud, Asset Tracing & Recovery conference in Paris during a panel at 2:45pm local time, October 26, 2023.

Events October 12, 2023

Andrew Stafford KC and Kiran Unni Unpack Challenges and Opportunities in International Arbitral Enforcement at Istanbul Arbitration Week

The international arbitration award enforcement landscape has shifted in recent years. Recent developments have revealed both opportunities and challenges for practitioners, including in disputes against sovereign entities. Kobre & Kim’s Andrew Stafford KC and Kiran Unni, both of whom focus on the enforcement of international judgments and awards, shared their insights at the Istanbul Arbitration Week during a panel on October 3, 2023.

Client Alert October 12, 2023

Cross-Border Strategies to Accelerate Non-Performing Loans Recoveries in Korea

Korean banks are holding an increasing amount of non-performing loans, putting their financial health at risk.
For many with large portfolios exposed to cross-border unsecured debt and loans to high-yield borrowers, sale and write downs may not be optimal.
A cross-border strategy to monetize their claims could offer a superior alternative.

Events October 5, 2023

Adriana Riviere-Badell Explores Issues in Arbitration Award Enforcement During Atlanta International Arbitration Society Conference

The international arbitration award enforcement landscape has seen major developments over the past year. Kobre & Kim’s Adriana Riviere-Badell, who focuses on international judgment enforcement and asset recovery, explored what this means for practitioners during the 12th Annual Atlanta International Arbitration Society (AtlAS) Conference in Atlanta, Georgia, on a panel on October 5, 2023.

Client Alert October 5, 2023

Powerful Option for Creditors Enforcing Judgments from Common Law Courts in the United Arab Emirates

It is commonly assumed that it is difficult and impractical to enforcement judgments in the United Arab Emirates.
However, this is increasingly untrue – even when no bilateral enforcement treaty exists, creditors can obtain recognition of their common law judgments.
A recent Kobre & Kim case shows how that can happen.

Publications October 4, 2023

John Han Discusses Evergrande with the Wall Street Journal

Embattled Chinese real estate developer Evergrande is in dire straits after parts of its proposed turnaround plan were blocked by China's regulators. Market observers are left wondering what this could mean for other similarly troubled real estate companies in China, such as Country Garden, that are currently navigating a turbulent housing crisis in the world's second-largest economy. Kobre & Kim's John Han, who focuses on cross-border monetization of distressed assets, sat down with The Wall Street Journal to discuss what might be next for the property giant and other Chinese real estate companies.

Events October 4, 2023

Kobre & Kim Co-Sponsors CFAAR Event on Crypto Investigation and Insolvency Challenges and Successes

Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. To discuss all this and more, Kobre & Kim, Bennett Jones, FTI and Chainalysis will co-sponsor CFAAR North America’s Fall event at Chainalysis’ New York office at 3:00 pm, October 12. Kobre & Kim’s Jonathan Cogan, who focuses on high-stakes civil litigation and government enforcement defense matters, will also speak on a panel on successes and trends in crypto litigation and insolvency.

Accolades October 3, 2023

Jason Kang Recognized in LexisNexis Hong Kong’s “40 Under 40”

In recognition of his outstanding experience and contributions to the legal industry around the Asia Pacific region, Jason Kang has been recognized by LexisNexis Hong Kong among their 2023 “40 Under 40.”

Events September 27, 2023

Carolina Leung Explores Best Practices in Asset Recovery Investigations on Asset Recovery Americas Panel

Fraud and corruption investigations can run for months or years, involving complex considerations that might make or break the investigation. Kobre & Kim’s Carolina Leung, who focuses on representing clients in complex cross border investigations, shared best practices for practitioners on an Asset Recovery Americas panel on September 21, 2023.

Client Alert September 14, 2023

Cross-Border Strategies for Maximizing Returns Against Sovereign Debtors

More investors are taking their disputes against sovereign states and entities to arbitration and judicial forums.
However, demanding payment of a defaulted debt, judgment or award does not always lead to the sovereign paying up.
We explore aggressive non-traditional strategies investors should deploy to ensure a sovereign debtor agrees to a settlement.

Publications September 8, 2023

John Han to The Wall Street Journal: Country Garden Creditors Could Target Overseas Assets

Although the Chinese property developer Country Garden narrowly avoided default in early September, its ongoing financial distress is causing mounting concern among its creditors, especially those holding offshore bonds. A mostly empty megaproject in Malaysia could offer them up to US $1.5 billion in recovery, Kobre & Kim’s John Han – who focuses on large-scale, cross-border monetization of distressed assets – told The Wall Street Journal.

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