United States: Financial Restructuring

Lowenstein lawyers and business services professionals discuss the firm's comprehensive pro bono program, demonstrating how attorneys across all practice areas—from white collar defense to real estate—contribute to matters serving individuals, nonprofits, and communities. The video explores how pro bono work provides meaningful opportunities for client interaction, hands-on responsibility, and professional development while receiving the same attention as billable client matters.

Lowenstein Sandler partners discuss the critical intersection of executive compensation and bankruptcy law, exploring when companies should transition to distressed compensation planning...

David L. Zive and Jacob E. Trachtenberg examine the distressed note sale market from both buyer and seller perspectives, analyzing the legal and transactional frameworks that govern these complex transactions. The article provides practical guidance for navigating the current market landscape and understanding the key considerations in distressed debt transactions.

Private credit markets are showing signs of stress, with enterprise software borrowers particularly vulnerable as AI disruption threatens their business models. Four critical warning signals—deteriorating credit health, rising PIK interest, mid-market concentration of defaults, and strategic misalignment with AI—suggest lenders need to shift from passive monitoring to active portfolio management before the 2028 debt maturity wall arrives.

In the United States, restructuring and distressed transaction activity continue to be shaped by elevated interest rates, refinancing pressure, persistent inflation, and ongoing geopolitical uncertainty. Although corporate credit conditions improved somewhat during 2025, many companies remain burdened by debt incurred during the low-rate environment and are facing increasingly complex refinancing challenges as maturities approach.

Artificial intelligence tools offer turnaround and restructuring practitioners powerful capabilities to manage complexity and time pressure, but deploying them effectively requires understanding...

Brightline's ambitious expansion to Orlando promised a new era of transportation, but nearly three years later, the intercity rail service faces mounting financial pressures as ridership falls short...

Liability management exercises have become a popular tool for restructuring distressed debt outside of court, but data reveals an 86% failure rate within two years.

Third party releases (3PRs) have long been a feature of restructuring processes in key international restructuring centres including England, Singapore and the United States. However, recent court decisions in all three jurisdictions have brought renewed scrutiny to the circumstances in which such releases can be granted and their permissible scope.