According to a recent Delaware bankruptcy court decision, avoidance and disallowance risk travel with a distressed claim. This decision highlights the importance of diligence and the benefits provided by purchasing distressed debt on “distressed” documents.
The debt of a troubled company is trading in the secondary market at a significant discount because the company is highly levered and is at risk of default.
USA, Delaware, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Debt, Good faith, Distressed securities, Enron, United States bankruptcy court, US District Court for the Southern District of New York