Markets

Special Situations & Distressed Assets

In special situations, an asset’s value depends less on the market and more on the structure: payment priority, collateral, procedural timelines and alignment among creditors.

Our view

Judicial reorganisations, out-of-court restructurings and shareholder disputes create assets that traditional markets do not price well. Brazil’s reform of its insolvency law (Law 14,112/2020) expanded tools such as debtor-in-possession (DIP) financing and the ability of creditors to propose an alternative plan.

For investors, the opportunity rarely lies in the apparent discount. It lies in correctly reading who is paid first, how long the process will take and which collateral will hold up in a dispute.

Themes we follow

  • DIP financing
  • Acquiring claims against companies under reorganisation
  • Judicial assets and contested rights
  • Debt restructuring
  • Asset sales within reorganisation proceedings
  • Transaction readiness and M&A

Related expertise

Publications

The first publications for this market are in preparation.

Speak with the partners.

Every transaction calls for its own approach. An initial, confidential conversation lets us assess whether and how we can contribute.

Contact Fortevere