Davis Polk partner and Restructuring practice co-head Damian Schaible discussed the top bankruptcy issues to watch this year with Law360.

He noted that the large number of out-of-court transactions over the last three years have left many companies with tremendous leverage. “Sometimes it feels like we’re on the deck of the Titanic playing piano.”

Damian also highlighted that import-dependent sectors like technology and the automotive industry could face trouble if President-elect Donald Trump follows through on his promise to impose new tariffs. He expects continued difficulties in real estate, healthcare and retail.

However, Damian said that there is also cause to predict a drop in filings. “On the other side, interest rates are coming down, and the stock market has been ripping.”

He added that other points of interest to watch out for are attempts to avoid creditor-on-creditor conflict in out-of-court restructurings and the possibility of litigation over “double dip” transactions involving intercompany loans between affiliates using borrowed money.

“Bankruptcy Issues To Watch In 2025,” Law360 (January 1, 2025) (subscription required)

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