Investors who hold both debt and equity in a financially distressed company may be confronted with efforts to have their debt investments recharacterized as equity. Recharacterization is an equitable remedy that bankruptcy courts have used as a basis to look past the form and characterization of an obligation as debt and find the subject obligation to be equity. In his recent decision in Official Comm. of Unsecured Creditors of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC (In re Radnor Holdings Corp.), Adv. Proc. No. 06-50909 (Bankr. D. Del.
USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Unsecured debt, Collateral (finance), Market liquidity, Debt, Preferred stock, Distressed securities, Secured loan, Lehman Brothers, United States bankruptcy court, Third Circuit