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Case | HBS Case Collection | June 2006 (Revised April 2018)

Creditor Activism in Sovereign Debt: 'Vulture' Tactics or Market Backbone

by Laura Alfaro and Ingrid Vogel

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Abstract

The role of distressed debt funds, also known as "vulture funds," in sovereign debt restructuring was a hotly debated topic, especially after the success of Elliot Associates in converting an $11 million investment in Peruvian bonds worth $21 million into a $58 million cash payout from the country, representing the full face value of the bonds plus past-due interest. Highlights the problems associated with debt restructuring coordination. On the one hand, many observers derided firms such as Elliot and Dart as "vultures" or "rogue creditors" who sought to profit on sovereign debt restructurings at the expense of countries suffering economic hardship and of the majority of bondholders whose cooperation allowed the restructurings to take place. Critics believed that these holdout creditors created "collective action problems" and presented a major obstacle to successful sovereign debt restructurings. On the other hand, other observers argued that activist investors actually improved the market overall by demonstrating the enforceability of contracts. In fact, they argued that creditors faced too many hurdles in collecting against countries after receiving favorable judgments in support of claims.

Keywords: vulture funds; Borrowing and Debt; Bonds; Investment Activism; Investment Funds; Sovereign Finance; Government and Politics; Contracts; Business and Government Relations; Peru;

Language: English Format: Print 26 pages EducatorsPurchase

Citation:

Alfaro, Laura, and Ingrid Vogel. "Creditor Activism in Sovereign Debt: 'Vulture' Tactics or Market Backbone." Harvard Business School Case 706-057, June 2006. (Revised April 2018.)

Related Work

  1. Supplement | HBS Case Collection | October 2014 (Revised April 2018)

    Creditor Activism in Sovereign Debt: Argentina vs. Holdout Investors (B)

    Laura Alfaro, Gaurav Toshniwal and Hilary White

    Keywords: Argentina; debt; Debt crisis; debt markets; debt repayment; Debt restructuring; government bonds; Government Debt; law; Default; Sovereign debt; sovereign debt crisis; hedge fund; hedge funds; strategy; bonds; bond risk; debt management; Borrowing and Debt; Governance; Macroeconomics; Economics; Economy; Government Legislation; Argentina; Latin America; United States;

    Citation:

    Alfaro, Laura, Gaurav Toshniwal, and Hilary White. "Creditor Activism in Sovereign Debt: Argentina vs. Holdout Investors (B)." Harvard Business School Supplement 715-017, October 2014. (Revised April 2018.)  View Details
    CiteView DetailsPurchase Related
  2. Case | HBS Case Collection | June 2006 (Revised April 2018)

    Creditor Activism in Sovereign Debt: 'Vulture' Tactics or Market Backbone

    Laura Alfaro and Ingrid Vogel

    The role of distressed debt funds, also known as "vulture funds," in sovereign debt restructuring was a hotly debated topic, especially after the success of Elliot Associates in converting an $11 million investment in Peruvian bonds worth $21 million into a $58 million cash payout from the country, representing the full face value of the bonds plus past-due interest. Highlights the problems associated with debt restructuring coordination. On the one hand, many observers derided firms such as Elliot and Dart as "vultures" or "rogue creditors" who sought to profit on sovereign debt restructurings at the expense of countries suffering economic hardship and of the majority of bondholders whose cooperation allowed the restructurings to take place. Critics believed that these holdout creditors created "collective action problems" and presented a major obstacle to successful sovereign debt restructurings. On the other hand, other observers argued that activist investors actually improved the market overall by demonstrating the enforceability of contracts. In fact, they argued that creditors faced too many hurdles in collecting against countries after receiving favorable judgments in support of claims.

    Keywords: vulture funds; Borrowing and Debt; Bonds; Investment Activism; Investment Funds; Sovereign Finance; Government and Politics; Contracts; Business and Government Relations; Peru;

    Citation:

    Alfaro, Laura, and Ingrid Vogel. "Creditor Activism in Sovereign Debt: 'Vulture' Tactics or Market Backbone." Harvard Business School Case 706-057, June 2006. (Revised April 2018.)  View Details
    CiteView DetailsEducatorsPurchase Related

About the Author

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Laura Alfaro
Warren Alpert Professor of Business Administration
General Management

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More from the Author

  • Teaching Note | HBS Case Collection | May 2006 (Revised November 2019)

    To Float or Not to Float? In Pursuit of the Chinese Dream

    Laura Alfaro, Rafael M. Di Tella, Ingrid Vogel, Laura Alfaro, Rafael M. Di Tella and Ingrid Vogel

    Keywords: China;

    Citation:

    Alfaro, Laura, Rafael M. Di Tella, and Ingrid Vogel. "To Float or Not to Float? In Pursuit of the Chinese Dream." Harvard Business School Teaching Note 706-060, May 2006. (Revised November 2019.)  View Details
    CiteView DetailsPurchase Related
  • Teaching Note | HBS Case Collection | May 2006 (Revised November 2019)

    To Float or Not to Float? In Pursuit of the Chinese Dream

    Laura Alfaro, Rafael M. Di Tella, Ingrid Vogel, Laura Alfaro, Rafael M. Di Tella and Ingrid Vogel

    Keywords: China;

    Citation:

    Alfaro, Laura, Rafael M. Di Tella, and Ingrid Vogel. "To Float or Not to Float? In Pursuit of the Chinese Dream." Harvard Business School Teaching Note 706-060, May 2006. (Revised November 2019.)  View Details
    CiteView DetailsPurchase Related
  • Case | HBS Case Collection | November 2019

    Floating the Exchange Rate: In Pursuit of the Chinese Dream

    Laura Alfaro and Sarah Jeong

    In the decades following 2005, China faced significant financial challenges. Inflation spiraled upwards and China’s economy stagnated in the wake of the Global Financial Crisis. The country’s leaders took an interventionist approach to weather the storm, controlling capital and exchange rates. These actions raised criticism from other nations, and in 2017 the U.S. initiated the U.S.-China Trade Wars, which enforced tariffs and requirements for increased transparency. As implications of the trade wars remained uncertain, many wondered whether the central bank would introduce further discreet steps to change the yuan. Would China’s currency appreciate as substantially against the U.S. dollar as predicted by economists? And when would further change occur? The stakes were high; a freer yuan float would impact groups within and outside of China very differently. Would China’s currency then be allowed to depreciate or appreciate if fundamentals required it?

    Keywords: exchange rate; inflation; debt; Currency Exchange Rate; Inflation and Deflation; Borrowing and Debt; China;

    Citation:

    Alfaro, Laura, and Sarah Jeong. "Floating the Exchange Rate: In Pursuit of the Chinese Dream." Harvard Business School Case 320-039, November 2019.  View Details
    CiteView DetailsEducators Related
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