Bankruptcy and Financial Distress Litigation

Valuation of Structured Products and Derivative Closeouts

When a derivative counterparty declares bankruptcy, it triggers the termination of its derivative contracts. The derivatives counterparties to the bankrupt entity would make claims in bankruptcy courts based on the value of each derivative position as of the termination date. This process is referred to as derivative closeout. Although the International Swaps and Derivatives Association (ISDA) has prescribed standard processes for determining the value of derivatives in closeout situations, the implementation of these processes often yields results that are highly contested and require sophisticated analysis. This is especially true for illiquid or complex derivative contracts.

NERA has assisted clients in numerous derivative closeouts, including those that arise due to failure in meeting collateral calls. We have valued large derivative books that contained thousands of contracts, both vanilla and exotic in nature. Our valuations of complex financial instruments use real options, probability-weighted and dynamic cash flow models, the stock and debt approach to real property appraisal, and event studies to measure lost profits. Our experience with a variety of financial instruments, including structured products, credit default swaps, and other complex derivatives, allows us to quickly assess the impact of market conditions on the value of the derivatives.