In November 2012, former Comptroller, Rita Crundwell of Dixon, Illinois pleaded guilty to embezzling $53 million from City accounts. Crundwell worked as Comptroller of this small City since the early 1980s, and "was the only person who controlled the City's finances and funneled public money to her secret, private accounts." Crundwell had spent primarily, in part, these monies on a $2 million
It will come as no surprise to anyone in the bankruptcy and corporate restructuring world over the last few years that the overall number of bankruptcy filings has steadily declined since 2010. Statistics maintained by the Administrative Office of the U.S.
Section 547 of the Bankruptcy Code allows a debtor to avoid and recover transfers that were made in the 90 days prior to filing for chapter 11, provided that the payments meet certain criteria. This criteria can include the following: (1) the payment was made to or for the benefit of the creditor in the form of cash or goods; (2) the payment was for a prior debt (not cash-on-delivery or cash-in-advance); (3) the debtor was insolvent;
On March 28, 2014, the U.S. Bankruptcy Court for the Northern District of California denied the debtor’s motion in In re BR Festivals LLC to employ a chief restructuring officer (CRO) as part of the chapter 11 liquidation of the debtor’s estate. The court provided an additional wrinkle in attempting to retain a CRO.
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.
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.
The Association of Insolvency and Restructuring Advisors (AIRA) released its new “Standards for Distressed Business Valuation,” which went into effect on March 1, 2014, and will provide the best practices for valuation professionals.
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.
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.
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.
Carlyon Cica Chtd.
Las Vegas, NV
Ellicott City, MD
O'Melveny & Myers LLP
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CR3 Partners LLC
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Fox Rothschild LLP
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JW Infinity Consulting LLC
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