Almost since the inception of the U.S. Bankruptcy Code in 1978, many parties in the bankruptcy process have espoused the virtues of speed in accomplishing the desired goals. Certain amendments to the Bankruptcy Code have fostered this desire for speed. But has the pendulum swung too far? Are we...
With the exception of certain out-of-favor industries, such as retail and oil & gas, the pace of restructuring activity has been relatively slow over the last five years. Partially as a result, market participants have continued to anticipate potential catalysts for an imminent recession,...
Parties in litigation have used bankruptcy to resolve “seemingly intractable litigation” since the U.S. Bankruptcy Code was first adopted in 1978. 1 Companies regularly seek bankruptcy protection when they are confronting multimillion-dollar verdicts or settlements, waves of mass tort litigation...
I'm honored to have been selected by TMA’s Executive Committee as chair of the Editorial Advisory Board. Together with TMA’s Leadership, we’re underway with some innovative changes to the JCR that should provide a lot of value to our membership and continue to position the magazine as the premier...
Corporations cannot afford to treat fraud as an uncontrollable act perpetuated on them. The risks and problems associated with fraud are on the rise, while the financial consequences of ineffective fraud controls are proving to be increasingly damaging. There is no doubt that fraud awareness is...
Thomas Jefferson recognized more than a century ago that “agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals and happiness.” Today, agriculture, food, and related industries contribute more than $1 trillion to U.S. GDP. They account for more...
Having spent the past 18 years at SB360 Capital Partners (formerly SB Capital Group), I can say with certainty that the turnaround industry has evolved. What surprises me most is how we have been forced to change our own industry, even though at times it didn’t seem broken. But if you think about...
I’m honored to have been selected as chair of the Editorial Advisory Board starting in 2019. Together with our new CEO, Scott Stuart, and Editor Eddy McNeil, we’re planning some innovative changes to the JCR that should provide a lot value to our membership and continue to position us as the...
As we reflect on the 10th anniversary of the bankruptcy filing of Lehman Brothers Inc., it’s not difficult to notice that the restructuring industry has changed dramatically over the past decade. Bankruptcy filings are down. Chapter 11 cases that are filed are of shorter duration, and sales under...
The middle market is in the midst of a 10-year M&A bull market characterized by increasingly high transaction multiples, rising leverage levels, and rapid growth in credit assets under management (AUM) from non-bank lenders. Despite the present optimism, it is not difficult to imagine how an...