Many bankruptcy attorneys, financial advisors, and investment bankers who work in the distressed business industry believe that when interest rates increase to more historic levels the industry will enjoy a much-needed resurgence after five years of depressed engagement volume and fees. Clearly the Federal Reserve is in the process of gradually increasing the federal funds rate, a base rate that directly impacts—and to a large degree drives—all lending rates in the U.S.

However, anticipated interest rate increases may not create the significant surge of engagements for distressed...

When underperforming and distressed companies require the intervention of turnaround executives, they often need to develop and implement a new strategic plan. At the most fundamental level, the plan’s success depends on changing employee behaviors. Attaining employee adoption of a plan is commonly referred to as “buy-in.”

Obtaining and maintaining buy-in throughout the turnaround process is just as important as any fundamental change in process, strategy, or product development. Regardless of how well-designed the plan is, if buy-in is not secured from the onset, executives will...

Most people think of municipal bonds as debt issued by state and local governments and their agencies and authorities. In fact, federal tax laws treat a wide array of entities and projects as eligible for “municipal financing.”

Most U.S. cities and states have created “municipal authorities” as the technical issuer of special-purpose tax-exempt bonds that “loan” the proceeds to eligible entities and projects. The legal structures used vary from situation to situation and from state to state, but they generally take the form of loans, leases, or lease-leasebacks. In certain...

Begun in 1960 as a family-run business in New York City, Duane Reade had become a private equity-owned regional convenience and drug store chain that was financially underwater and plagued by low customer satisfaction. Clutter and crowding were synonymous with the brand and its undifferentiated offering.

In 2006 Bloomberg Businessweek called it a leveraged buyout (LBO) on the critical list that was starting to look like a zombie.1 As large national drugstore chains targeted the city for growth and expansion, Duane Reade required bold and immediate action to deliver...

The out-of-court restructuring process is a fascinating and ever-evolving discipline. Creative restructuring professionals have spent entire careers developing unique approaches to out-of-court restructuring that push the limits of applicable law. Recent decisions by lower courts temporarily upended the leveraged credit markets and emboldened minority noteholders to challenge proposed restructurings. On January 17, 2017, the 2nd U.S. Circuit Court of Appeals overruled the lower court’s decision that many viewed as a substantial expansion of minority noteholder rights and provided some...

The nonprofit sector is an important component of today’s society. Included within this sector are most of the nation’s premier hospitals and universities; orchestras; theater and opera companies; all religious congregations; family and children’s services, neighborhood development, antipoverty, and community health services organizations; professional associations; labor unions; and social clubs.

The term “nonprofit” is something of a misnomer, because these organizations can earn profit, i.e., their revenue can exceed their expenses. What is prohibited is the distribution...

A third-generation, $20 million meat processing company was struggling in mid-2012. It had virtually no liquidity and was overleveraged, cash-flow negative, and in default with its senior lender. By any stretch of the imagination, it looked like bankruptcy was inevitable.

Yet the company didn’t file and not only survived but has also thrived. A unique, entirely out-of-court resolution achieved many of the economic benefits that a bankruptcy filing would have offered while allowing the family owners to maintain substantial equity and control of operations. That led, in turn, to a...