Factoring Is an  Often-Overlooked  Liquidity Source  FOR Distressed  Companies
Turnaround professionals are often tasked with helping their clients obtain the capital needed to navigate the restructuring process. To meet this challenge, it is essential to understand the wide variety of commercial financing options available. The commercial lending industry is still adjusting...
Asset-Based Lending Provides Structured Funding for Businesses in Turnaround
As the pandemic headwinds continue to buffet the economy and the spectre of spiralling energy costs and long-term inflation looms large, businesses that were once riding high now risk being deflected off course just at the time when they are trying to navigate their emergence. With near-term...
Getting to Yes in DIP Financing Negotiations
The concept and benefits of providing debtor-in-possession (DIP) financing under Bankruptcy Code Section 364 are not new. But because DIP financing negotiations are often conducted on a compressed timeline and can be both complex and laborious, this article serves as both a primer and refresher for...
Lines Are Blurring Among Traditional Roles Dealing with Distressed Businesses
The well-known pop song “Blurred Lines” is about the conflict between societies’ desire for more and the desire to respect boundaries. The song could be describing the current state of affairs between and among investment banks, on the one hand, and, on the other, turnaround firms and accounting...
The Tides Are Shifting for Distressed Lending
Over the past two years, distressed investing has been, well, distressed. Fewer opportunities have been available for distressed lenders outside of industries directly impacted by COVID, such as hospitality. New Federal Deposit Insurance Corporation (FDIC) rules have allowed banks more leeway to...
European Outlook: Considerations  for Lenders
As Europe prepared to emerge from the COVID-19 pandemic and navigate the resultant uncertain economic environment, Russia invaded Ukraine in February 2022, plunging the continent into disarray once again. The unprecedented pandemic followed on the heels of Brexit, which itself will have lasting...
Is the Market for Distressed Lending  in Canada  About to Change?
The distressed market arguably always has a relatively small share of global capital markets. (Canada’s last recession, for instance, was in 2008-2009.) But in this recent environment characterized by strong M&A activity and easy access to debt and equity capital over the past five years or so...
How Distressed Lenders Are Navigating an Uncertain and Volatile Environment
When investing in distressed or “storied” situations, today’s lenders must double down on the energy and thoughtfulness of their approach to succeed in an environment characterized by unprecedented uncertainty and volatility. Because the road to recovery for the situation will likely be impacted by...
Jones Act Exemption Could Aid  Puerto Rico’s Economic Recovery
U.S. District Court Judge Laura Swain on January 18, 2022, approved a landmark plan to restructure Puerto Rico’s debt, allowing the U.S. territory to exit bankruptcy after five years. Judge Swain’s pen stroke approving the island’s plan of adjustment (POA) was a historic moment in Puerto Rico’s...
Puerto Rico Plans for Power Grid Transformation During PREPA Restructuring
The ongoing restructuring of the Puerto Rico Electric Power Authority (PREPA) is one of the largest ever in the electrical power generation industry within the jurisdiction of the United States. The goal is to transform the utility from a bankrupt, mismanaged public corporation into a privately...