Solutions for Distressed Situations

Fiduciary Services

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We deliver unbiased, expert solutions in court-mandated and out-of-court situations that demand a third-party fiduciary, including insolvency, fraud, litigation, and shareholder disputes.

When companies are in financial distress, become entrenched in complex disputes, or fraud is suspected, lenders, attorneys, and regulatory agencies recommend that federal and state courts or boards of directors appoint our experts as fiduciaries. We serve on behalf of boards, shareholders, and in federal and state court proceedings for the benefit of lenders, creditors, employees, and other stakeholders.

Our full-service team of financial and operational experts serve as Financial Advisor, Chief Restructuring Officer (CRO), Federal and State Receiver, Bankruptcy Trustee & Examiner, and Assignee for the Benefit of Creditors (ABC), designing and implementing recovery strategies to maximize the value for all stakeholders. We typically take control of operations, carefully managing cash flow while designing and implementing a restructuring plan, refinancing, going-concern sale, or asset liquidation.

Our Subject Matter Experts
  • Accredited in Business Valuation
  • Accredited Senior Appraisers
  • Asset Search & Recovery Experts
  • Certified Commercial Cannabis Experts
  • Certified Fraud Examiners
  • Certified in Financial Forensics
  • Certified Insolvency & Restructuring Advisors
  • Certified Public Accountants
  • Certified Turnaround Professionals
  • Certified Valuation Analysts
  • Construction & Real Estate Experts
  • Cyber Experts
  • Federal & State-Appointed Receivers
  • Forensic Accountants
  • Fraud Investigators
  • Intellectual Property Securities Experts
  • Intellectual Property Valuation Experts
  • Interim C-Suite Experts
  • Licensed Fiduciaries & Trustees
  • Liquidating Agents
  • Plan Administrators
  • Real Property Appraisers (MAI) & Property Managers
Fiduciary Services

We apply specialized financial, operational, and industry expertise to quickly design and implement a strategic plan to maximize stakeholders’ recovery when an organization faces insolvency, severe operating challenges, contentious disputes, or fraud. 

Our fiduciary expertise spans:

Our proven process to maximize recoveries involves taking control of a business’s operations, determining the sources of distress, developing a strategic plan to overcome issues, resolving obstacles such as litigation, and managing communication with stakeholders to facilitate informed decision-making. 

Financial Advisor

We serve as financial advisors to debtors, creditors, and committees when insolvent businesses are navigating liquidity challenges. 

Serving as an advisor, Chief Restructuring Officer, or in interim management roles, we evaluate the debtor’s operations and financial position, assess and implement methods to improve cash flow and liquidity, facilitate negotiations between the debtor and its lenders and creditors, and design strategies to optimize value.

Our experts provide efficient execution throughout the process, collaborating with all parties involved to facilitate transparent communication to optimize outcomes through conclusion. 

Receiverships

Receivership is a viable alternative for distressed companies with potential going-concern values greater than their liquidation values, as well as situations where there is the potential likelihood of squandering corporate assets. 

Lenders, attorneys, and federal regulatory agencies recommend that federal and state courts appoint us as Receiver for companies facing illiquidity due to operational problems, complex disputes, fraud, mismanagement, and other challenges. Our full-service team of Receivers, financial advisors, and accountants applies extensive leadership, financial, accounting, fraud examination, and operational expertise to adeptly manage the troubled business, simultaneously orchestrating its sale as a going-concern, refinancing, or asset liquidation. Throughout the process, we proactively communicate with the company’s lenders, key customers, employees, suppliers, shareholders, and other stakeholders, resolving impasses as needed. 

We are regularly appointed as a Receiver in instances of corporate fraud, embezzlement, lapping, Ponzi and pyramid schemes, asset theft, and other malfeasance, as well as corporate deadlock situations. Our experts are involved in the reconstruction and reconciliation of accounting records; assist with evidence discovery, collection, preservation, and analysis; and provide expertise in hidden or misappropriated asset recoveries.

We often exceed client expectations by strategically improving the borrower’s operations, thereby increasing business value and the overall cash recovery for lenders and other stakeholders. In certain situations, we apply our expertise as a financial advisor to a Receiver.

Learn more about our expertise serving as Receiver for distressed organizations.

Bankruptcy Fiduciaries

Our experts frequently serve in a variety of fiduciary roles, including Trustee, Liquidating Trustee, Examiner, Plan Agent or Administrator, Estate Representative, Special Master, or Winddown Agent to maximize proceeds during an asset liquidation, going-concern sale, winddown, or financial restructuring.

Courts regularly appoint our experts to serve as fiduciaries in Chapter 11 bankruptcy matters involving complex issues such as litigation or strained relationships between borrowers and lenders, including matters under Subchapter V of the Chapter 11 Bankruptcy Code. 

Our experts objectively manage the bankruptcy proceedings, ensuring proper bankruptcy processes are followed. In certain situations, our team transforms the distressed business’s operations to maximize returns from liquidation or sale. In other situations, we remain accountable for all aspects of the business until it successfully exits Chapter 11 and the case is dismissed.

Assignment for the Benefit of Creditors (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 or selling its assets 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. 

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

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

Learn more about our expertise serving as Assignee for the Benefit of Creditors.

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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