The competing interests between bank and borrower when a bank in resolution sells debt (Hodge Malek QC and James Potts, Butterworths Journal of International Banking and Financial Law)

The competing interests between bank and borrower when a bank in resolution sells debt (Hodge Malek QC and James Potts, Butterworths Journal of International Banking and Financial Law)


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This article, by Hodge Malek QC and James Potts, examines a recent Court of Appeal decision on the ability of (in this case) the special liquidator of a bank to market the bank’s good loans for sale as part of a package containing distressed debt. The case highlights the potential competing interests between bank and borrower in such a situation, which equally may arise if a bank enters resolution under the UK’s special resolution regime implementing the Bank Recovery and Resolution Directive.

Click here to read the full article.

This article was first published in Butterworths Journal of International Banking and Financial Law.


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