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Richard Kohn Reports on SFNet Letter to Financial Stability Board Regarding Out-of-Court Workouts

September 10, 2021

Richard Kohn, a co-founder of Goldberg Kohn and a principal in the firm’s Commercial Finance Group, recently reported on a letter submitted to the Financial Stability Board (FSB) by Secured Finance Network (SFNet), the principal U.S. trade association for asset-based lenders, in which SFNet's co-general counsel, various members of the International Finance and Development Committee and other SFNet personnel call on international lenders to encourage out-of-court workouts (OCWs) beyond the United States.

To promote financial stability, the FSB is currently conducting a thematic peer review regarding the use of OCWs and invited input from stakeholders concerning the use of these workouts in their respective jurisdictions.

In The Secured Lender article “SFNet Submits Comments on Out-of-Court Workouts to Financial Stability Board,” Richard discusses the key points outlined in the letter, including:

  • Identification and discussion of the three OCW categories that have widespread acceptance in the U.S.
  • Various methods in which countries outside of the U.S. are promoting alternatives to more formal and traditional reorganization proceedings
  • How governments in other counties have addressed business failures prompted by the COVID-19 pandemic
  • How U.S.-style asset-based lending helps distressed companies navigate and survive during difficult economic times
  • Experience from U.S.-style models that display why OCWs are crucial for companies faced with economic troubles

Read the full article here.

Richard is the chair of SFNet’s newly formed International Finance and Development Committee and is a member of the Executive Committee as well. He served SFNet as co-general counsel and represented the association at the United Nations Commission on International Trade Law. At Goldberg Kohn, Richard represents banks and other financial institutions in structuring and documenting credit facilities, with a focus in cross-border lending.

Attorneys At Law

55 East Monroe Street
Suite 3300
Chicago, Illinois 60603-5792
Tel: 312.201.4000
Fax: 312.332.2196
Email: info@goldbergkohn.com


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