How to Lose Money in Distressed Debt
A practical guide for the overconfident. Written by someone who has not lost money in distressed debt yet, because I am 18, and have not invested in distressed debt yet. But I have read enough post-mortems to know exactly how I would.
Most investing mistakes are boring. You overpay for a good company, or you buy a bad one at fair value, and you wait for the market to tell you what you should have already known. The loss is dull. Predictable, even.
Distressed debt is different. The losses here are educational. Vivid. The kind you explain to your risk committee with a lot of qualifying language about unforeseen developments, when really what happened is simpler: you skipped the parts that were hard to read and paid for it later.
I have no risk committee. I have a laptop and access to PACER. What follows is a catalogue of mistakes I am writing down now, while I still find them theoretical.
Step 1: Ignore the Capital Structure
Buy the bonds. Don’t spend too much time on the intercreditor agreement. It’s long, and the relevant provisions are buried, and there’s probably a lawyer somewhere who understands it.
The fastest way to find out you own the wrong instrument is to attend a confirmation hearing. By then the DIP lenders have already been paid, the secured creditors are negotiating their exit, and someone is about to explain to you, with visible patience, what “pari passu” does not mean.
The 2014 Energy Future Holdings restructuring is a masterclass in this particular mistake. Second-lien holders spent years in court arguing about recoveries that first-lien holders had already mapped out before the filing. The capital structure was not complicated. It just required reading.
The waterfall is not a formality. It is the investment thesis. Everything above you in the stack is a prior claim on your conviction.
Step 2: Trust Management Projections
The company has prepared a detailed financial model. Year one is a write-off, obviously. But Year 2 shows EBITDA recovering sharply, operations normalizing, and the new capital structure supporting a clean exit at a reasonable multiple.
Believe this.
The same management team that presided over the leverage buildup, the missed covenants, and the eventual filing has now produced a forward model. They have every incentive to be accurate. They also prepared the last three annual plans, all of which assumed a recovery that did not arrive.
The Caesars Entertainment filing in 2015 is worth studying here. Its operating projections assumed a Las Vegas recovery that was, by any reasonable measure, aggressive. Creditors who underwrote to management’s numbers found the actual performance range considerably wider. The model was not fraudulent. It was just optimistic in the way that distressed management projections always are, because the alternative is a faster filing with less favorable DIP terms.
Ask what assumptions are doing the most work. Then ask whether anyone has stress-tested them against what already happened.
Step 3: Assume Bankruptcy Is Quick
Chapter 11 is a reorganization, not a resolution. The distinction matters.
A clean, prepackaged case with aligned creditors and a cooperative debtor can close in sixty to ninety days. Most cases are not that. Contested restructurings involving intercreditor disputes, fraudulent transfer claims, or complex operating subsidiaries run two to four years. Sometimes longer. The Lehman estate took six years to substantially close, and it had better lawyers than most.
Time destroys value in distressed situations for several reasons simultaneously. The business keeps operating, often badly. DIP financing accrues. Professionals bill monthly. Executory contracts get rejected or assumed at inconvenient moments, and every decision requires court approval, which requires a motion, which requires a hearing date that is six weeks out.
Reading through the Smurfit-Stone reorganization from 2009 is instructive. Investors who bought on the thesis that paper and packaging fundamentals would recover quickly were right about the fundamentals. They were less right about the timeline. The case ran nearly fourteen months. That is a long time to be right.
Position sizing should reflect duration uncertainty. It usually does not.
Step 4: Believe Lawyers Are Cheap
They are not.
In a large Chapter 11, total professional fees routinely run between $50 million and $300 million. Debtor’s counsel. Creditors’ committee counsel. Financial advisors on both sides. Independent directors and their own advisors. Examiner fees, if the court appoints one. Expert witnesses. Appellate work, if anyone decides to appeal anything, which they usually do.
The Toys R Us estate paid over $350 million in professional fees. The company liquidated anyway.
Here is what makes this structurally interesting: the professionals get paid first, from estate assets, before distributions to any creditor class. They are not residual claimants. They are not aligned with your recovery. They are billing by the hour while you wait to find out what you own.
When you build a recovery analysis, put in a real fee estimate. Then add thirty percent, because contested cases always find new things to litigate.
Step 5: Assume You Are the Only Intelligent Investor in the Trade
Somewhere in your analysis is an implicit assumption that the market has missed something you found. Maybe it is a covenant that accelerates value to your class. Maybe it is an asset that is worth more than book. Maybe it is a legal theory that other holders have not run to completion.
This is sometimes true. But the seller knew something when they sold. The other large holders have read the same documents. Elliott Management has almost certainly modeled the scenario you are modeling, and they modeled it before you did, and they have standing relationships with debtor’s counsel, and they own securities at multiple points in the stack.
I am 18 and reading about this from a dorm room. I am under no illusion that I have found an angle that Apollo missed. The point of doing this work now is not to find an edge I do not have. It is to understand the mechanics well enough that, when I eventually do have capital to deploy, I know what I am actually betting on.
The edge in distressed debt, when it exists, is almost never informational. It is structural, it is relational, or it is the product of staying in a position long enough to outlast holders who cannot. Patient capital against impatient capital. That is the actual trade.
Believing you have found something no one else has seen is a fine starting hypothesis. It is a terrible conclusion.
A Closing Note
I am writing this as someone who is learning the field, not someone who has survived it. The mistakes above come from court filings, post-mortems, and investor letters, not from personal experience I do not have.
The investors who do well in distressed debt are honest about what they do not know. They build positions that survive being wrong about timing. They read the documents carefully enough to know where the real disputes will emerge.
The information is usually in the documents. Most people just do not read them.