Search Results for: "Creditor"
2020 Saw Increased Healthcare Provider Bankruptcies. What Should Companies & Restructuring Professionals Know Moving Forward? Healthcare providers face many pressures, including costs associated with regulatory compliance and necessary technological and infrastructure investments. Congress’ repeated attempts to reform healthcare legislation have long created uncertainties for the healthcare industry. A PwC report predicts that throughout 2021, healthcare will be among retail, oil and gas and hospitality as the sectors most likely to face restructurings. The COVID-19 pandemic has led to increased healthcare bankruptcy activity due to cancellation of elective procedures and imbalances […]
Distress transactions handles outside the supervision of a court. In a workout, a debtor and its creditors informally and privately negotiate repayment terms and conditions. Workouts are typically memorialized under forbearance agreements with secured lenders, or other contractual agreements with creditors.
Keen-Summit Capital Partners LLC has been retained by Armaos Property Holdings, LLC and Olympic Hotel Corporation (“Debtor”) as the exclusive real estate advisor to run the sale process for the sale (the “Transaction”) of the Baymont Inn & Suites located at 360 Route 12, Groton, CT. The Debtor has filed a sale motion with the Bankruptcy Court seeking a Bid Deadline of April 23rd and Auction Date of April 30th. The proposed minimum bid is $4,800,000. More information on the Keen-Summit landing page for the sale, including flyer PDF, form confidentiality agreement, and copy of sale motion. Or call any of Matt Bordwin(646) 381-9202; Chris Mahoney (646) 381-9205; or Heather Milazzo (646) 381-9207. Be sure to tell them you saw it in DailyDAC! About Keen-Summit Capital Partners LLC Keen-Summit Capital Partners LLC is a real estate brokerage, workout and investment banking firm specializing in special situations, restructurings, bankruptcies and receiverships. […]
A Panel Discussion on the Choice and Challenges of Bankruptcy Venue and Venue Transfers In bankruptcy litigation, the venue can have a major influence on an outcome. We selected expert panel members—each a partner or managing director in the restructuring industry—to discuss why venue fights occur and how business owners (and their advisors) should approach choice of bankruptcy venue, as well as venue transfers. Our expert panelists explore how courts resolve disputes over the venue of a case. Expert Panelists Lisa Vandesteeg, Financial Services and Restructuring Partner at Levenfeld Pearlstein, […]
How to Develop Board Committees Equipped for a New Landscape As Covid induced bankruptcies proliferate, creditors who become stockholders will need to focus not only on the future financial health of the reorganized company, but also on its overall governance. The new post-pandemic landscape will be revolutionary, not evolutionary. It will demand new owners and advisors to construct a multi-talented board, capable not only of reacting quickly and intelligently to dislocations and threats, but more importantly, to crafting a strategy that positions the new company as a leader in its […]
Understanding the Right to Credit Bid After Radlax [Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it.] Question A private equity investor wrote in recently asking us to address credit bidding in the aftermath of Radlax. Answer For investors who are unfamiliar with the concept, the right to credit bid is the “right of the secured creditor under the Bankruptcy Code to use its secured claim against a […]
NOTICE OF PUBLIC SALE BY ORDER OF THE SECURED PARTY OF ATR TRANSMISSION REMANUFACTURING, INC. SALE OF ASSETS: Notice is hereby given that on Wednesday, March 24, 2021 at 2:00 pm, CDT (the “Date of Sale”), via videoconference from the offices of Jordan & Zito, LLC, secured party, Merchants Capital Finance Corporation, an Illinois corporation (“Lender”) shall hold a public auction (“Auction”) in accordance with the Uniform Commercial Code (as adopted under Illinois law) and other applicable law (the “Sale”) to offer for sale substantially all assets of ATR Transmission Remanufacturing, Inc. (“ATR”) including all of ATR’s right, title and interest in and to all of its assets whether tangible or intangible, real or personal or mixed, owned or leased (including indirect and other forms of beneficial interest) wherever located or by whomever possessed including but not limited to: (a) all tangible property, including but not limited to, cash, accounts […]
TRUSTEE/ASSIGNEE AUCTION OF THE ASSETS OF COMMERCIAL ELECTRONIC SYSTEMS, INC. Sale of Property: On March 12, 2021 at 10:00 a.m. at the offices of Commercial Recovery Associates, LLC, located at 205 West Wacker Drive, Suite 918, Chicago, IL 60606, Robert Handler (the “Trustee/Assignee”), not in his individual capacity but solely as the Trustee/Assignee for the Benefit of Creditors of Commercial Electronic Systems, Inc. (“CES” or the “Company”), anticipates conducting an auction sale (the “Auction”) of some of the Company’s tangible and intangible assets, consisting primarily of inventory, equipment and furniture & fixtures, service contracts and monitoring contracts (“the Contracts”), all customer information and Company telephone numbers, website, social media accounts, domain name, and the Company’s legal name (collectively, the “Sale Assets”), a list of which the Trustee/Assignee will make available to potential bidders. Click here to see additional information on Commercial Electronic Systems, Inc. Stalking Horse Offer: The Trustee/Assignee and […]
An Introduction to the Distressed Company’s Superman: The Chief Restructuring Officer The role of a Chief Restructuring Officer (“CRO”) is approximately four decades old. While still a somewhat new role in the 1990s, CROs are now ubiquitous in the restructuring community. Todd Zywicki, a George Mason law professor who specializes in bankruptcy law, traces the origin of the CRO to the Bankruptcy Reform Act of 1978 (the “1978 Act”). The 1978 Act created “a unified reorganization chapter [chapter 11] that is fundamentally grounded in the presumption that pre-bankruptcy management will […]
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In the last two installments of this series, we introduced you to things a company should consider before deciding whether to file chapter 11, and a timeline for understanding how a “typical” chapter 11 case proceeds. In this quick little ditty, we want to make sure you understand four concepts that permeate every chapter 11 case except, perhaps, a prepack. 1. The Automatic Stay When a bankruptcy case is filed, an “automatic stay,” is triggered under Bankruptcy Code § 362. The automatic […]