interest rate hikes, turnaround, restructuring
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...
Fraudulent conveyance is a legal concept involving the transfer of property for less than equivalent value to defeat a creditor’s ability to collect from its debtor. Whether a fraudulent conveyance has occurred is highly dependent on the facts and circumstances of the case. For example, if someone...
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,...
In distressed situations and workouts, lenders often trade forbearance and additional funding for concessions that make it easier to foreclose if the debtor commits new defaults or files a bankruptcy. Two recent Bankruptcy Court decisions refused to enforce provisions in forbearance agreements that...
Distressed investors often spend hundreds of thousands, or even millions, of dollars conducting diligence, negotiating transaction documents, and participating in uncertain auction and legal proceedings. The process is not for the faint of heart. A distressed investor may end up with the proverbial...
The Polsinelli | TrBk Healthcare Services Distress Research Index equaled its high from the previous quarter in Q3 2016 and has now reached record levels in three successive quarters. Compared to the same period one year ago, the index is up 65 points, indicating that the high level of distress in...
Peter L. Tourtellot, CTP
One of the things that made Peter L. Tourtellot, CTP, so special was that he made time for everybody, no matter how busy he was. His passing on July 16 came as a shock to a lot of us. His contributions and impact on TMA are so far-reaching, it is hard to quantify them all. In sports, a microcosm...
The Polsinelli|TrBK Chapter 11 Distress Research Index increased by nearly 8 points, to 52.68, in Q2 2016 versus the previous quarter and has now increased for five of the last six quarters. Compared with the same period one year ago, the index has risen nearly 15 points, or approximately 39...
Polsinelli Indices
The Polsinelli | TrBk Distress Indices for the first quarter of 2016 showed a 30-point jump in the Healthcare Services Distress Index, pushing the measure to its highest level since the inception of the indices. For the first time since 2010, all three measures included in the Distress Indices...
After showing dramatic declines for the past four years, the Polsinelli|TrBK Chapter 11 Distress Research Index increased for three out of four quarters in 2015 and is at its highest point since June 2014. The index has been showing distress stabilizing at prerecession levels and now suggests that...