Argentina’s Offer To Holdout Creditors Lacks Oomph

On March 29, as ordered by the Second Circuit, Argentina submitted its offer to its creditors who have been unwilling to exchange their securities for new securities Argentina issued after its default. I have to say that I don’t really understand the offer. As I read the document, Argentina is offering to exchange the old debt for its new, restructured debt on pretty much the same terms that plaintiffs such as NML Capital have already rejected. 1 Why would NML surrender now, when it seems to be doing well in the US courts? And isn’t there a risk that the Second Circuit will get its dander up on account Argentina’s new show of intransigence in the face of Judge Griesa’s injunction?

Notes:

  1. I took a look at some news coverage to make sure I wasn’t misunderstanding the document. Pan Kwan Yuk at the Financial Times and Bob Van Voris at Bloomberg seem to read the offer the same way I do.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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