Going back in time, in the middle market business world of insolvency practice, honest hard-working owners of companies that were over-leveraged but financially viable had tools available for restructuring the business while maintaining ownership. This was done in bankruptcy through a plan of reorganization or through an out-of-court restructuring with an agreement with the creditors.
Morris Anderson’s Dan Dooley was quoted in the article “Corporate Bankruptcies Slow Again in Early April As Companies Find Ample Support”. Read the excerpt below and read the full article here. Real estate bankruptcies have so far lagged other industries during the pandemic, but a variety of factors continue to pressure the sector. Some retail
This newsletter offers more insights on the 2020 Year in Review
If we treat the pending aftermath of the pandemic on businesses in the standard manner, a huge number of them are going to be forever shut down. Dan Dooley and Sheryl L. Toby Going back in time, in the middle market business world of insolvency practice, honest hard-working owners of companies that were over-leveraged but financially viable
‘Act of God’ Legal Theory Allows Restaurant Rent Relief During Coronavirus Restrictions, Bankruptcy Court Rules
A bankruptcy court in Illinois has ruled that the force majeure provision in a restaurant lease excuses the tenant’s obligation to pay full rent during the time a stay-at-home order was implemented to slow the spread of COVID-19, the Wall Street Journal reported. The ruling appears to be the first of its kind after widespread closures triggered
Re-Opening BusinessIndustries are slowly opening for business again after an unwanted hiatus to deal with the pandemic. Healthy companies are facing liquidity risks, business plans prepared Q4 2019 and Q1 2020 are obsolete. Companies that were having issues prior to Covid are in survival mode and may be losing the battle. To help preserve borrower’s
Most companies are currently either shutdown or operating on a very limited basis. Once business is restarted, demand for product or service is unknown, the ability for suppliers to provide timely product is a question mark and will all the employees return? In other words, there are a mountain of risks and the question for
Lenders are faced with difficult circumstances when a borrower’s business and the bank’s collateral is deteriorating. The downward spiral often includes declining or negative earnings, insufficient cash flow, declining enterprise value, escalating trade debt and “tripped” financial covenants. Further, management has not been able to reverse these negative trends and worse, have likely not been
By Michael Boudreau CPA, CTP, CFF – November 2019 The auto industry moves the needle in many different geographic markets and it often trickles down to other commercial industries. Stress cracks at the OEM level often create shock waves down the supply chain which increases risk factors at the Tier I, II and III suppliers.
By Kirk Maltais – Updated Oct. 17, 2019 1:09 am ET Cattle prices in the U.S. have risen since September, as a protein shortage in Asia drives bets that livestock will be in increasingly high demand. Live cattle futures on the CME are up 14% from the start of a rally on Sept. 10 to nearly $1.14 a
July 2019 – Stephen Selbst In TSA Stores, Inc. v. Sport Dimension, Inc., the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) recently held that a term lender with a junior lien on the debtor’s inventory prevailed over a consignor that had failed to perfect its security interest under the Uniform Commercial
09.17.2019 UPDATES In an August 2019 case argued by Perkins Coie attorneys, the U.S. Bankruptcy Court for the District of Delaware ruled that the automatic stay under section 362(a) of the Bankruptcy Code bars the Centers for Medicare & Medicaid Services (CMS) from withholding Medicare payments to a healthcare provider in bankruptcy notwithstanding a pre-petition
With the spurt in the number of distressed companies, it follows that many turnaround and merger and acquisition professionals are spending more time trying to sell underperforming and troubled companies. Because today’s market clearly favors buyers, the real challenge of course, given the typical seller viability and liquidity issues, is to maximize value. Morris·Anderson faced
M·A&A was recently referred to an automation equipment manufacturer in the Midwest by a major middle-market lender. The Company had a small $2 million Line and we were the second turnaround firm who had been retained to help. The first firm was a big name who had charged $75,000 for a very nice “accounting type” report
To understand healthcare insolvency, one must understand the difference between the health care system plans in the United States. This presentation contains an explanation of the United States’s healthcare system: spending, health consolidations, repeals, statistics and more.
CHICAGO, July 17, 2017 — MorrisAnderson’s Chief Executive Officer Dan Dooley and Director Mark Briden were recently honored with top industry accolades: Dooley was recognized as a Top 100 Corporate Restructuring Dealmaker by Global M&A Network, and Briden earned an Emerging Leader Award in the Service Provider category by The M&A Advisor. Headquartered in Chicago,
MA led a 16-month bankruptcy process which resulted in a consensual Plan of Reorganization, accounting department upgrade, dispute resolution between the owner and his ex-partner, and $33 million of new exit financing. Headquartered in Phoenix, ITC is a steel wire shelving and wire racking systems manufacturer, primarily for commercial and industrial warehouse racking systems. As
Written By: Sarah M. Olson James L. Baillie Fredrikson & Byron, P.A. (Minneapolis, Minnesota) Recently, Fredrikson & Byron sponsored a seminar in Minneapolis for clients and friends of the firm on “DIRECTOR & OFFICER DUTIES BEFORE AND DURING CRISES: What Directors and Officers Need to Know to Plan For and Manage Insolvency and Other Company
The recognition honors firms that are routinely retained in the most complex and sophisticated restructuring transactions. MorrisAnderson was specifically recognized for the following outstanding achievements: Chapter 11s – Developed plans of reorganization for International Technical Coatings (ITC) and Delta Mechanical Financial advisors to UCC of Fansteel ($90 million), and a $150 million multi-location hospital Within
Mark Briden, Director MorrisAnderson As the real estate market continues to revive from the 2008 downturn, construction contractors are becoming busy again. Defaults on commercial real estate loans have now hit an all-time low of less than 1%, according to the Federal Reserve report for Q1 2016, down from 8.75% in 2010. So, what’s to
By Dan Dooley, CEO MorrisAnderson Has the insolvency business fundamentally changed? I am asked this question all the time. My answer is ABSOLUTELY!! Here are seven reasons why, and their implications for our industry: 1. The Stigma is Gone From Financial Distress and Bankruptcy Owners and executives now actually seek input and opinions from trusted
Originally published in the Journal for Corporate Renewal By Steven Agran, MorrisAnderson and Keith Dehaan, Food & Livestock Planning Inc. In December 2003, mad cow disease was identified in the North American market, and the Japanese government immediately banned imports of U.S. beef for two years. The 2014-15 avian ﬂu epidemic resulted in 17 percent
By Russell C. Silberglied, Director & Nathaniel J. Stuhlmiller, Associate, Richards, Layton & Finger, P.A. Introduction Many companies are “too broke to go bankrupt.” As the “ABI Commission to Study the Reform of Chapter 11” notes, “anecdotal evidence suggests that Chapter 11 has become too expensive (particularly for small and medium size enterprises),” and more