OPINION
Atty. Marvi Abo
Are You In A State Of Financial Difficulty? Worry No More, We Got You Covered! Say Hello To Debt Restructuring.

What is Debt Restructuring?
Debt restructuring is a process used by companies, individuals, and even countries to avoid the risk of defaulting on their existing debts, such as by negotiating lower interest rates. Debt restructuring provides a less expensive alternative to bankruptcy when a debtor is in financial turmoil, and it can work to the benefit of both borrower and lender.

What can I do?
If you’re going to negotiate for a restructuring, you have to do the following:

1. Convince your creditor that your financial difficulties are temporary and you will be able to recover and continue paying your loan given enough time.
2. Avoid appearing destitute or broke. Show that your situation is temporary and that you can deliver the required amount on a new schedule. The key here is to reassure your debtor that you will be able to pay your debt given new terms.

But How Does Debt Restructuring Work?
Some companies seek to restructure their debt when they are facing the prospect of bankruptcy. The debt restructuring process typically involves getting lenders to agree to reduce the interest rates on loans, extend the dates when the company’s liabilities are due to be paid, or both. These steps improve the company’s chances of paying back its obligations and staying in business. Creditors understand that they would receive even less should the company be forced into bankruptcy or liquidation.

What Are The Types of Debt Restructuring?
1. Debt Restructuring for Companies
Businesses have a number of tools at their disposal for restructuring their debts. One is a debt-for-equity swap. This occurs when creditors agree to cancel a portion, or all, of a company's outstanding debts in exchange for equity (part ownership) in the business. The swap is usually a preferred option when both the outstanding debt and the company's assets are significant and forcing the business to cease operations would be counterproductive. The creditors would rather take control of the distressed company, if that's necessary, as a going concern.

A company seeking to restructure its debt might also renegotiate with its bondholders to "take a haircut, meaning that a portion of the outstanding interest payments will be written off or a portion of the balance will not be repaid.

A company will often issue callable bonds to protect itself from a situation in which it can't make its interest payments. A bond with a callable feature can be redeemed early by the issuer in times of decreasing interest rates. This allows the issuer to restructure debt in the future because the existing debt can be replaced with new debt at a lower interest rate.

2. Debt Restructuring for Countries

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①What is Debt Restructuring, available at https://www.investopedia.com/terms/d/debtrestructuring.asp (last accessed at March 10, 2021).
②Id.
③How Does Debt Restructuring Works, available at https://www.sciencedirect.com/topics/economics-econometrics-and-finance/debt-restructuring (last accessed at March 10, 2021).

Countries can face default on their sovereign debt, and this has been the case throughout history. In modern times, some countries opt to restructure their debt with bondholders. This can mean moving the debt from the private sector to public sector institutions that might be better able to handle the impact of a country's default.

Sovereign bondholders may also have to take a "haircut" by agreeing to accept a reduced percentage of what they are owed, perhaps 25% of their bonds' full value. The maturity dates on bonds can also be extended, giving the government issuer more time to secure the funds it needs to repay its bondholders.

Unfortunately, this type of debt restructuring doesn't have much international oversight, even when restructuring efforts cross borders.

3. Debt Restructuring for Individuals
Individuals facing insolvency can try to renegotiate terms with their creditors and the tax authorities. For example, someone who is unable to keep making payments on a Php 250,000 mortgage might reach an agreement with the lending institution to reduce the mortgage to 75%. In return, the lender might receive 40% of the house sale proceeds when it is sold by the mortgagor.

Debt Consolidation v. Debt Restructuring: Two Different Ways To Rebound
Debt Consolidation is the process that allows borrowers to refinance and/or turn multiple smaller (high-interest rate) loans into one single loan. "This makes it more convenient for borrowers to pay off their loan in a shorter amount of time and if it's a lower interest rate, then also with lower monthly payments.

Debt Restructuring is the process in which a debtor and creditor agree on an amount that the borrower can pay back. "The debtor then works with a credit counselor to speak with creditors in an attempt to get out of the debt owed.

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④Id.
⑤Debt Consolidation v. Debt Restructuring, available at https://www.experian.com/blogs/ask-experian/debt-consolidation-vs-debt-restructuring-which-option-is-best-for-you/ (last accessed at March 10, 2021).


Citation of article: Ms. Susan Al-Khatib

Atty. Marvi Abo
The Managing Partner and the Philippines Corporate Lawyer of the Year 2020 (South East Asia Business Awards) and Young Lawyer of the Year Finalist (Philippine Law Awards)
https://abolawfirm.com/
Mar 13, 2021
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