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Derrough on Restructuring’s 3D Chess: State of Distressed Debt

FICC Focus

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Indemnity and Equitable Mootness in Bankruptcy

This chapter explores the implications of recent court decisions on indemnity obligations and equitable mootness, particularly in relation to CERDA and the behavior of lenders. It examines recovery rates and disparities among lenders, discusses ongoing appeals, and highlights multiple legal complexities involving recent rulings on distressed debts. The chapter also focuses on significant cases like those of Hertz and Yellow, along with the evolving use of the economic interest defense in bankruptcy scenarios.

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