Solutions for Distressed Situations

Assignment for the Benefit of Creditors (ABC)

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As Assignees, our financial and operational experts leverage extensive restructuring experience to liquidate assets and quickly maximize proceeds for creditors while mitigating liability and preserving jobs.

Our team serves as the distressed business’s de facto CEO and CFO, taking control of operations; managing creditors, employees, and litigation; preparing for and executing the sale of business assets; and distributing proceeds to creditors pursuant to priority.

Our ABC solutions provide unique advantages compared to traditional Chapter 7 and 11 bankruptcies, receiverships, and other out-of-court restructuring options, including:

  • Speed - Out-of-court ABCs typically can be completed faster than a bankruptcy or receivership.
  • Flexibility - Our Assignees can implement and pivot between restructuring methods at will to optimize outcomes.
  • Cost - ABCs typically are substantially less expensive to implement than bankruptcy due to their efficiency and lower fees.
  • Yield - The expediency and flexibility of ABCs usually delivers greater net proceeds than other methods available.
Benefits and Process of an ABC

In certain situations, an out-of-court Assignment for the Benefit of Creditors (ABC) may be the most prudent fiduciary action by a distressed company’s Board of Directors.

ABCs involve assigning the business assets to an Assignee who generally operates the company while selling it as a going-concern in a competitive process. An ABC can be faster and yield greater net proceeds than a receivership, bankruptcy, or other out-of-court restructuring process.

The ABCs of an ABC

As Assignee, we pursue a fast and efficient process, which generally includes the following:

  • The Company assigns its assets to the Assignee for the Benefit of Creditors
  • The Assignee serves as company’s de facto CEO and CFO and manages operations
  • The Assignee manages creditors, employees, and litigation
  • The Assignee liquidates assets through a competitive M&A process
  • The Assignee distributes proceeds to creditors based on priority

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For additional information about our services and to help put you in touch with the appropriate expert across our global team, contact:

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