Elizabeth McColm, Brian Bolin and Mitchell Mengden, Paul Weiss Rifkind Wharton & Garrison

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

Monitoring Winding up Petitions

While not an everyday occurrence, a company being issued with a winding up petition is an eventuality that all providers of finance, whether on a secured or unsecured basis, will prepare for.

From a contractual perspective, facility agreements will include specific monitoring information covenants as part of the core relationship housekeeping, supported by a hard backstop of event of default triggers, with rights for debt acceleration, and (if applicable) security enforcement operating in tandem from that point.

Gianfranco Lotito and Andrés Ignacio Lafuente Quiroz, Cuatrecasas

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

Ken Baird, Katharina Crinson, Guilhem Bremond, Michael Broeders, Charlotte Ausema, Jan-Philip Wilde, Ana López, Silvia Angós, Mark Liscio and Samantha Braunstein, Freshfields Bruckhaus Deringer

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

Peter Ferrer, Harneys

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

In summary

It is sometimes the case that a person who owes you money dies before they have repaid the same to you. In this article, we explore what happens to the debt and the options available to creditors who are faced with a deceased debtor.

What happens to debt after death?

The deceased’s liability to repay a debt does not cease upon his or her death. Instead, liability for the same transfers to the deceased’s estate, providing that their estate is not insolvent.

What happens to debt if the estate is insolvent

Gregg Galardi, Matthew Czyzyk, Natalie Blanc and Emily Ma, Ropes & Gray

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

Richard J Cooper, Lisa M Schweitzer and Richard C Minott, Cleary Gottlieb Steen & Hamilton

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza

This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

On 30 October 2023, the Italian Supreme Court issued its judgment in case No. 29998/2023 detailing certain principles applicable to the claw back of remittances on bank accounts and to the ineffectiveness of financial guarantees granted under Legislative Decree No. 170 of 21 May 2004 (the “Legislative Decree”) in case of bankruptcy. In particular, (a) on the one hand, the Italian Supreme Court confirmed that a bank remittance cannot be clawed back when it does not reduce the outstanding debt of the bankrupt account holder durably (i.e.