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Venezuela's Imminent Restructuring and the Role Alter Ego Claims May Play in this Chavismo Saga

The clock ticking down for investors holding the outstanding debt of the Republic of Venezuela and its state-owned oil company, Petróleos de Venezuela, S.A. (“PDVSA”), may have just struck zero. On Friday, November 3, President Nicolás Maduro kicked off the much anticipated restructuring of Venezuelan debt by announcing that after it makes a $1.1 billion principal payment on PDVSA bonds due on November 2, that it would commence restructuring negotiations with its creditors. Although the Government invited creditors to Caracas on November 13 to jump start negotiations, given the failed policies of the Maduro regime, the limitations posed by U.S. government sanctions and the risks creditors would face in accepting new instruments that could be challenged by a future Venezuelan government, the prospects of any type of restructuring being accomplished anytime soon are quite remote. Should Venezuela fail to cure its existing payment defaults or not make payments during the pendency of any restructuring discussions, which seems to be the government’s intent, one can expect Venezuela’s legion of creditors to turn their immediate attention to scouring the globe for assets held in the name of the Republic and those entities, such as PDVSA, alleged to be the “alter egos” of the Republic.[…]