European Restructuring: migration and jurisdictional arbitrage
More food for thought in a post by John Armour on the Credit Slips blog.
I agree with the conclusion that:
"we're going to see a number of the highly leveraged buyouts that run into difficulty winding up in formal bankruptcy proceedings, after a workout has been attempted and failed".
And this may well lead to attempts to reform some European bankruptcy codes.
It will also promote and no doubt extend the migration concept (previously discussed here).
Moving a COMI (centre of main interests) to a jurisdiction where the insolvency regime is more suited to concluding a successful restructuring not only can be done, but can add huge value to the restructuring.
