Since the college admissions scandal broke in March, it has been nearly impossible to avoid headlines about celebrities and top universities caught up in this tangled web of bribery and deceit. The master puppeteer in this saga, William Singer, has been in the college counseling industry for close...
Occasionally, massive tort liability can be the sole reason a company files for Chapter 11 protection. See In re Johns Manville Corp., 982 F. 2d 721 (2d Cir. 1992): In re A.H. Robins Co., 862 F. 2d 1092 (4 th Cir. 1988); In re Dow Corning Corp., 211 B.R. 545 (Bankr. E.D. Mich. 1997). This was the...
Congress designed Chapter 11 to be flexible to promote the twin goals of rehabilitating distressed businesses and maximizing stakeholder returns. 1 Several recent decisions from the U.S. Bankruptcy Court and District Court for the District of Delaware highlight how Chapter 11’s inherent flexibility...
For some municipalities, the light at the end of the tunnel is becoming more visible, given an improving national economy and rising tax bases. For others, the road to solvency remains unclear. For all, determining a path to fiscal good health is paramount. Quite often, that complicated goal can be...
It cannot really be debated that the Four Horsemen of the “retail apocalypse” have arrived and are comfortably hanging around the nation’s shopping districts. Dozens of retailers filed for bankruptcy in recent memory, including Bon-Ton, Claire’s, Gibson Brands, and Brookstone, with more on the...
A majority of today’s large Chapter 11 cases are structured as quick Section 363 sales of all the debtor’s assets followed by confirmation of a plan of liquidation, dismissal of the case, or a conversion to a Chapter 7. The purchaser in the sale is often one of the debtor’s prepetition secured or...
The U.S. retail industry is tattered and torn, and Chapter 11 continues to be an inevitable ending for many distressed retailers struggling in the post-Amazon world. Indeed, despite the recent uptick in the U.S. economy, retailer woes have continued unabated, with sales for many continuing to...
It should come as no surprise to turnaround professionals or even casual readers that the retail industry is in a state of transition. However, contrary to the popular refrain, this transition does not signal that brick-and-mortar retail is dead, nor is it in the midst of an apocalypse. The retail...
The 2018 TMA Annual

From the 2018 TMA Annual

Opportunity abounds for TMA practitioners despite a bankruptcy-lite economy. Industries challenged by disruption or new competition are creating turnaround opportunity. After companies’ balance sheets are financially restructured, operations still need fixing....

A troubled company often reflexively perceives a bankruptcy filing as the prototype solution to its financial distress. Bankruptcy is an important and powerful tool to address insolvency—providing for an automatic stay, the sale of assets free and clear, confirmation of a plan over the objection of...