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ARTICLE · 28 OCTOBER 2020

What We're Reading This Week [October 26, 2020]

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The Wall Street Journal reports that the trailing 12-month default rate for U.S. corporate issuers of speculative-grade bonds and loans was 8.5% in September of 2020, which is below the 11.2% ...

United StatesInsolvency/Bankruptcy/Re-Structuring

The Wall Street Journal reports that the trailing 12-month default rate for U.S. corporate issuers of speculative-grade bonds and loans was 8.5% in September of 2020, which is below the 11.2% forecasted by credit rating agency Moody's in April 2020. [WSJ; Oct. 26, 2020]

Reporting from Business Insider details how subscription streaming service Quibi is shutting down nearly six months after it raised $1.75 billion in pre-launch investments. Quibi will reportedly pursue an assignment for the benefit of its creditors in lieu of filing for bankruptcy. [Business Insider; October 23, 2020]

On October 22, 2020, the New York Court of Appeals issued a split decision in CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc., finding that the holders of a minority in principal amount of senior secured debt retained the right to sue for payment on the notes after a majority holder-directed strict foreclosure that purported to cancel the notes.

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