SYMPATHETIC DEBT RESTRUCTING (SDR)
Following the financial crisis of 2007/2008, many company’s (and individuals) who “just survived” and worked through the troubles of the dark days that followed now find they were, and maybe still are, being unfairly penalised for their apparent “success”.
In addition, the asset value “realignments” that occurred at that time, left banks with non-performing debt which continues to cause problems with their ability to adhere to BASEL III capital adequacy requirements, to this day.
CAP LLP is highly experienced in this field having assisted both Lenders and Borrowers to address the many legal and operational barriers to reach a sensible compromise where previously only angst and confrontation existed.
We understand these issues and have helped many companies recover unfair costs and charges, reduce outstanding debt to realistic levels, sometimes linked to anti-embarrassment undertakings, that in combination allow both borrower and lender to “move on”.
Under the BASEL III requirements, the outcome for the lending banks is often beneficial, albeit debt has been written off.