April 26, 2021

Handle With Care: Understanding the Role of Nonconsolidation Opinions in Structured Finance Transactions


Finance and restructuring partner Marita Erbeck authored an article for NJBIZ titled “Handle with care: Understanding the role of nonconsolidation opinions in structured finance transactions.” In the article, Erbeck addresses the law of substantive consolidation, the role of nonconsolidation opinions in transactions and when they may be required and offers practical advice for avoiding common pitfalls.

Additionally, Erbeck notes best practices when working with nonconsolidation opinions, such as enlisting bankruptcy counsel early, expecting that clients will have to provide supporting certifications and referring to rating agency guidance.

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