Insolvency & Restructuring News No. 1

A ´new´ consolidated and integrated Argentine Civil and Commercial Code has been enacted on October 7, 2014 and came into effect on August 1, 2015 (the “New CCC”), which replaced both the Civil Code (originally enacted on September 29, 1869) (the “Civil Code”) and the Commercial Code (originally enacted on September 10, 1862). The Argentine Bankruptcy Law No.
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Some Lessons for Distressed Debt Participants from the Argentina-NML Dispute

The continuing saga between the Republic of Argentina and a hold out group of investors led by NML Capital, an affiliate of Elliott Management in New York, in relation to sovereign bonds issued by Argentina is a fascinating display of what can happen when a well-funded creditor is dissatisfied with the settlement offered by a distressed debtor.
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Jones Day EuroResource - Deals and Debt | 30 June 2014

Global—On 16 June 2014, despite the Republic of Argentina's warning that it may once again be forced to default on its sovereign debt, the US Supreme Court denied Argentina's petition seeking review of lower court rulings that: (i) construed pari passu, or equal footing, clauses of a bond indenture to prohibit Argentina from making payments to bondholders who participated in 2005 and 2010 debt restructurings before it pays US$1.4 billion to holdout bondholders (see NML Capital, Ltd. v. Republic of Argentina, 699 F.3d 246 (2d Cir.
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Argentina Takes Its Debt Case to the U.S. Supreme Court

Argentina has now staked the future of its debt, and perhaps its financial fate, with the United States Supreme Court. Yes, you read that right. Argentina wants the nine justices to weigh in on a case involving its obligations to holders of its government bonds and to resolve the mess created by a handful of federal judges, The New York Times DealBook blog reported. The roots of the case go back to 2001, when Argentina, in the midst of a severe economic downturn, defaulted on $80 billion of government bonds.
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Don’t Cry for Me Argentine Bondholders: Argentina Responds to the Second Circuit’s Inquiry

In responding to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs, Argentina has once again made it clear that it will not treat the plaintiffs any more favorably than the Exchange Bondholders, no matter what the judicial consequences may be. Further, many of the points that Argentina advances in its reply to the Court’s inquiry have, in our view, already been rejected by the Second Circuit.
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Nationalising YPF: Cristina Scrapes The Barrel

21/4/2012: Having felt adrift ever since Venezuela’s Hugo Chávez fell ill last year, Latin America’s populists suddenly have a new champion. Cristina Fernández, Argentina’s president, has long been a chavista-lite, harassing private business, rigging national statistics and gutting state institutions. Of late she has shifted further in Mr Chávez’s direction, raiding central-bank reserves, imposing currency controls and raising trade barriers. Her most brazen move yet came this week with the nationalisation of 51% of YPF, the former state oil company, belonging to Spain’s Repsol.
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