The 2005 amendments to the U.S. Bankruptcy Code foreclosed the ability of retailers to defer store lease assumption or rejection decisions until the end of a bankruptcy case. Following the 2005 amendments, retailers followed a predictable path leading up to bankruptcy, typified by waiting as long...
When charting a course through bankruptcy, retailers must prioritize maintaining sufficient liquidity to fund operations and the expenses associated with the case. To accomplish this, retailers typically use a lender’s cash collateral and obtain debtor-in-possession (DIP) financing. Both are...
The struggles of the U.S. retail sector have been well publicized—so much so that the term “retail apocalypse” is now firmly established in the lexicon. Last year alone, more than 20 national chains in the United States, including names like RadioShack, hhgregg, BCBG Max Azria, Gander Mountain, and...
When turnaround professionals represent retail organizations that are in a state of transition and require new ownership, they are managing a multifaceted situation. The sale of goods and/or services to customers through multiple distribution channels can be challenging to begin with; adding...
In rocket science, guidance maneuvers that employ engine thrust to slow or steer a rocket are often said to have made use of a “controlled burn.” While retail liquidations are certainly not rocket science, many small retailers could benefit from the use of a “controlled burn” of their own to slow...
Despite the strong stock market performance and the low interest rate environment, financial distress, as measured by the number of Chapter 11 bankruptcy filings, is gradually increasing in both general Chapter 11 and real estate. The exception to this “gradual” increase is in healthcare, which has...
The Tax Cuts and Jobs Act of 2017 (TCJA), signed by President Trump on December 22, 2017, has potential implications for nearly every segment of the healthcare industry. For healthcare providers, elements of the TCJA may increase pressure on operating profitability, which may, in turn, lead to an...
The public focus on making healthcare better, more cost effective, and increasingly convenient has resulted in a number of disruptive forces challenging organizations. A small disruption in profitability or timing of cash flows can have large ramifications, especially for companies that have used...
A law firm just filed a Chapter 11 case in U.S. Bankruptcy Court for the District of Delaware. That can be a stressful time, but the attorneys are experienced and understand the protocols and related procedures. They did the exact same thing as they’d done with prior cases. This time, however, they...
Healthcare’s version of the Industrial Revolution is well underway. Over the last decade, five revolutionary forces 1 have taken industry stakeholders by storm: the convergence of genetic and computer codes, advancements in mobile technologies, a negative return on capital, the integration of...
