A troubled company often reflexively perceives a bankruptcy filing as the prototype solution to its financial distress. Bankruptcy is an important and powerful tool to address insolvency—providing for an automatic stay, the sale of assets free and clear, confirmation of a plan over the objection of...
In my role as a guest editor of the JCR over the past couple of years, I have asked authors to focus on topics related to the energy business from the perspectives of both the investor and the turnaround professional. This year we have shifted to a survey format covering a broad range of topics...
It is almost a cliché in business circles that the numbers of formal insolvencies start to increase when an economy is coming out of recession. However, since the 2008 financial crash, the numbers of formal insolvencies have been declining. Initially, perhaps, this was because many companies were...
Although most police officers are honest, hardworking, and dedicated to serving their communities, highly publicized incidents of police misconduct ranging from the use of excessive physical force to the shooting of unarmed civilians spotlight deteriorating police/community relationships in small...
Many bankruptcy attorneys, financial advisors, and investment bankers who work in the distressed business industry believe that when interest rates increase to more historic levels the industry will enjoy a much-needed resurgence after five years of depressed engagement volume and fees. Clearly the...
When underperforming and distressed companies require the intervention of turnaround executives, they often need to develop and implement a new strategic plan. At the most fundamental level, the plan’s success depends on changing employee behaviors. Attaining employee adoption of a plan is commonly...
Most people think of municipal bonds as debt issued by state and local governments and their agencies and authorities. In fact, federal tax laws treat a wide array of entities and projects as eligible for “municipal financing.” Most U.S. cities and states have created “municipal authorities” as the...
Begun in 1960 as a family-run business in New York City, Duane Reade had become a private equity-owned regional convenience and drug store chain that was financially underwater and plagued by low customer satisfaction. Clutter and crowding were synonymous with the brand and its undifferentiated...
The out-of-court restructuring process is a fascinating and ever-evolving discipline. Creative restructuring professionals have spent entire careers developing unique approaches to out-of-court restructuring that push the limits of applicable law. Recent decisions by lower courts temporarily...
The nonprofit sector is an important component of today’s society. Included within this sector are most of the nation’s premier hospitals and universities; orchestras; theater and opera companies; all religious congregations; family and children’s services, neighborhood development, antipoverty,...