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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.
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.
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.[1] In nonbankruptcy transactions, bidding incentives like break-up fees and expense reimbursements are measured against a business judgment standard. In bankruptcy, however, courts have adopted a variety of tests.
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. Advisors of creditors — or an unsecured creditors' committee (UCC) on behalf of its constituency — must be creative and assertive, acting as a consensus-builder to extract value for GUCs.
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. An operating model can be defined as a detailed set of projected financial statements developed with the intent to map out what future execution scenarios look like in terms of achieving a company’s overall strategic objectives.
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. The committees also coordinate educational sessions for the annual ABI Winter Leadership Conference and Annual Spring Meeting. Each committee is led by a leadership team appointed by ABI.
