New York lawmakers are confronting a time-sensitive decision this week on proposed changes to state law that would affect how claims tied to foreign sovereign debt are treated in the courts. The legislation, labeled by supporters as the Champerty Fix Act, won approval in the state Senate earlier this week and has been transmitted to the Assembly, where its progress is unresolved as lawmakers approach the scheduled end of the session.
Supporters of the bill highlight the reach of New York law in international debt markets: statutes in Albany govern more than half of sovereign bonds worldwide, meaning the proposed changes could influence the resolution of hundreds of billions of dollars in sovereign obligations. Alterations to state statute could shape the mechanics of restructurings and affect what holdout creditors ultimately recover.
The measure would revise New York’s champerty law - the framework that limits buying claims for the primary purpose of bringing lawsuits - and extend that restriction to certain claims involving debt that was issued or guaranteed by foreign governments. In addition, the bill would reduce the interest rate that accrues on some judgments entered against foreign sovereign borrowers.
Proponents argue that these two elements would discourage investors from purchasing distressed-country debt at steep discounts and then pursuing full repayment through litigation, a tactic critics say can complicate negotiated restructurings and siphon resources from countries already under severe financial strain.
"Because so much of the world’s sovereign debt is governed by New York law, Albany has a unique responsibility to ensure our legal system isn’t being used to undermine fair debt restructurings. We applaud the Senate for advancing this legislation and urge the Assembly to do the same," said Jose Gonzalez, senior campaigns director at NY Communities for Change, in a statement supporting the bill.
Despite Senate approval on Tuesday, the bill’s route in the Assembly remains unclear. Justin Flagg, head of communications for State Senator Liz Krueger - the Senate sponsor of the measure - said there is no firm commitment from Assembly leadership. "We don’t have a commitment from leadership," Flagg said. "We’re hopeful, and the Assembly sponsor is hopeful as well." The office of the Assembly sponsor, Jessica Gonzalez-Rojas, did not immediately respond to a request for comment.
Lawmakers are scheduled to adjourn on Thursday, although the legislative session in Albany could be extended. A similar proposal advanced through the Senate last year but stalled in the Assembly, underscoring the uncertainty the measure continues to face.
Opposition to the bill has coalesced among financial industry and business groups. Organizations including SIFMA, the MFA and the Creditor Rights Coalition have publicly opposed the proposal, warning that it would harm New York’s standing as a global financial and legal center and potentially alter the incentives for creditors and investors that rely on the city’s courts.
The coming days will determine whether the Assembly moves the Champerty Fix Act forward before legislators break, a decision that market participants and advocacy groups are watching closely given the potential ramifications for sovereign debt restructurings conducted under New York law.