Authors:

  • Mark Roe

Excerpt

February 24, 2026, Opinion: "Coercive, non-pro rata debt restructurings—now widely labeled “liability management exercises” (LMEs), just like their pro rata siblings—have become a central tool for distressed borrowers. Proponents of the non-pro rata restructuring often argue that it gives the company time to turn around and take off, reduce financial distress, and typically avoid bankruptcy."

Citations

Roe, Mark, and Vasile Rotaru. “Liability Management’s Limited Runway: Corporate Restructuring Today.” Harvard Law School Bankruptcy Roundtable, February 24, 2026. https://bankruptcyroundtable.law.harvard.edu/2026/02/24/liability-managements-limited-runway-corporate-restructuring-today/