Senator Elizabeth Warren (among others) recently re-introduced a bill to “fundamentally reform” the private-equity system “by closing the legal, tax, and regulatory loopholes that allow private equity firms to capture all the rewards of their investments while insulating themselves from risk.”  If enacted, the legislation will great
Businesses continue to face a myriad of challenges in today’s economy. Initially, the COVID-19 pandemic resulted in the widespread closure of multiple businesses. Now, U.S. consumer demand for goods is strong, but supply chain woes persist. Compensation costs have increased, while inflation hinders the benefit to workers from that higher pay.
Weeeee’re back! After a four-year hiatus, ABI’s FAIB Committee was revitalized in 2021! We are very excited to see the large numbers joining our committee — we are currently up to 152 members — and Membership Relations Director Howard Cohen is ready to welcome even more.
There are many reasons why companies falter and create opportunities for financial advisors and investment bankers: incompetent or inefficient management; rapid expansion (and often loss of quality control); overleveraging of assets (often to support the lifestyle of the principals); failure to shed unprofitable locations, divisions or products; and more.
The Treasury Department’s computer-generated tax notices have increased over the last several years. At the same time, finding knowledgeable personnel at the IRS to discuss bankruptcy tax issues has become increasingly difficult. Knowing the source of potential issues goes a long way toward avoiding the pain they may cause.
Approval of bid protections in connection with the sale of significant assets pursuant to § 363 of the Bankruptcy Code has become an established practice in chapter 11 cases. In nonbankruptcy transactions, bidding incentives like break-up fees and expense reimbursements are measured against a business judgment standard.
Unsecured creditors are often out-of-the-money or positioned to receive a pittance of a distribution by the terms initially proposed by chapter 11 debtors and the secured lenders who consent to the proposal. This is particularly true if an unpaid portion of secured debt looms as a deficiency claim, threatening to further dilute general unsecured creditor (GUC) recoveries.
Given the broad and diverse impact that the COVID-19 pandemic has had on the economy since 2020, it’s become apparent that a comprehensive and maintained operating model can position lower-middle-market companies to successfully sustain operations — especially in unprecedented circumstances.
ABI’s committees focus on specific areas of insolvency and provide committee members with a platform to share knowledge and ideas. Each committee publishes quarterly newsletters with articles authored by committee members, and hosts periodic webinars that showcase committee members and their practices.
Risk-retention rules mandated under the Dodd-Frank Act have raised issues for managers seeking to raise collateralized loan obligation (CLO) funds. Credit risk-retention rules have been considered paramount to the Dodd-Frank Act and apply to sponsors of asset-backed securities requiring such sponsors to hold 5 percent of the value of the securities offered by the sponsor.
Three cryptocurrency industry experts — a lawyer, a technical consultant and an investment banker — will cover the complexity of valuing cryptocurrency and provide their expert views on the cryptomarket’s volatility, both currently and going forward. The presenters will also offer their insights into the adoption of cryptocurrency in the U.S. and globally, and will address regulatory changes in banking as they relate to cryptocurrencies.
Hosted by the Asset Sales and Financial Advisors and Investment Banking Committees. FAs, IBs, RE advisors, attorneys: too many cooks in the kitchen? This panel will discuss the anatomy of the bankruptcy sales process and focus on optimizing value by drawing on the resource skills of attorneys, investment banks, financial advisors and real estate advisors.
Legal and Practical Issues Involving Secured Creditors and the Retention of Financial Advisors.
Structuring Cross-Border Deals to Protect Creditor Interests
Carlyon Cica Chtd.
LAS VEGAS, NV
Ellicott City, MD
O'Melveny & Myers LLP
San Francisco, CA
CR3 Partners LLC
Membership Relations Director
Fox Rothschild LLP
Fort Lauderdale, FL
Special Projects Leader
JW Infinity Consulting LLC
New York, NY