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Post date: Wednesday, August 20, 2014

In real estate bankruptcy proceedings, the determination of a post-bankruptcy interest rate is often a critical element of the repayment or restructuring plan. The appropriate rate is typically not one that can be observed or obtained in the regular markets — the debtor in possession is already in bankruptcy and consequently, a commercial loan is very likely unfeasible. The U.S.

Post date: Friday, July 25, 2014

A major part of the anatomy of a turnaround is the weekly cash flow. A deceptively simple exercise, it presents a powerful tool for supporting complex management decisions. Applied during a restructuring process in a myriad of circumstances, it can serve as a basis for valuation from free cash flow or the foundation of a plan of liquidation.

Post date: Thursday, July 17, 2014

The Association of Insolvency and Restructuring Advisors (AIRA) released its new “Standards for Distressed Business Valuation,” which went into effect on March 1, 2014,[1] and will provide the best practices for valuation professionals.

Post date: Wednesday, April 16, 2014

Editor’s Note: This article provides a general overview of the current state of financial institutions’ resolution planning as required by the Dodd-Frank Act and is the first in a series of related articles.

With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) in 2010, there is no denying that life as it was known at the time for large financial institutions was inexorably changed.

Post date: Wednesday, April 16, 2014

In today’s market place, many private-equity firms are focused on investing in “complex situations.” Complex can be interpreted as including high-growth companies with well-performing management teams in need of growth capital where the buyer will perform carefully-executed due diligence.

Post date: Sunday, March 23, 2014

Many have reviewed the U.S. Supreme Court’s Till Opinion (Till v. SCS Credit Corp.) and walked away shaking their heads in confusion. The underlying case involved a higher-risk borrower who had purchased a used truck and shortly thereafter filed for bankruptcy under chapter 13. The parties asked the Court to choose the best method to determine a cramdown interest rate. It is important to realize that the Court was not addressing an all-inclusive list of methodologies available to financial practitioners, but was choosing from four methodologies previously used by various bankruptcy courts.

Post date: Wednesday, June 01, 2011

I am not an investment banker, so I’ve never had the benefit of really knowing what goes on in the head of one when deciding whether to take a particularly risky sell-side 363 sale engagement.  But I have been through a few of these situations as an observer (or an attorney for one party or another), and, over time, I’ve seen something of a theme emerge: investment bankers underestimating—or co

Post date: Wednesday, June 01, 2011

One of the most significant challenges in managing a company through a restructuring, whether in or outside of chapter 11, is ensuring that critical vendors continue to provide goods and services to the company.

Post date: Tuesday, March 01, 2011

Many turnaround experts believe that the key to fixing a distressed manufacturing company requires quickly turning assets, including idle factories or other underutilized facilities, into cash while simultaneously reducing expenses. However, selling a factory may not always be the best way to obtain value or minimize the costs associated with that asset.

Post date: Monday, November 01, 2010

Section 505 of the Bankruptcy Code allows trustees of debtor companies the opportunity to have a bankruptcy court potentially determine the amount of all tax liabilities during the course of a bankruptcy case.

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Mr. Jordi Guso
Co-Chair
Berger Singerman LLP
Miami, FL
(305) 755-9500

Mr. Lucian Murley
Co-Chair
Saul Ewing Arnstein & Lehr LLP
Wilmington, DE
(302) 421-6898

Mr. Ryan G. Foley
Education Director
Acrisure LLC
Easton, PA
(800) 748-0351

Ms. Marjorie Kaufman
Education Director
Getzler Henrich & Associates LLC
Boston, MA
(617) 742-1230

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