Turnaround & Restructuring Services

Bankruptcy Advisory / Alternatives to Bankruptcy

J.S. Held Strengthens Family Law Practice with Asset Acquisition of Luttrell Wegis

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When considering alternatives such as bankruptcy, you need a team with decades of experience helping leaders sitting in your exact seat to yield the best outcome for lenders, creditors, shareholders, and employees.

Choosing the best path to resolve a company’s unique challenges requires detailed analyses, collaborative communication, and a complete understanding of the client’s goals and objectives. It also requires experience guiding companies to positive outcomes through bankruptcy or alternative processes. We navigate the intricacies of bankruptcy and alternatives to bankruptcy with a 360-degree perspective gained from experience serving every constituent involved across wide-ranging industries.

Our Services
  • Accounting & Reporting
  • Asset Liquidation & Going Concern Sales
  • Bankruptcy Advisory (Chapter 7 & Chapter 11)
  • Bankruptcy Alternatives Advisory – Assignment for the Benefit of Creditors (ABC), Settlements, Receiverships, Article IX Sales
  • Bankruptcy Investigations & Litigation Support
  • Chief Restructuring Officer (CRO) & Interim Management (CEO, CFO, COO)
  • Claims Reconciliation
  • Enterprise Valuation
  • Fairness Opinions
  • Intellectual Property (IP) Valuation
  • Litigation Support
  • Operational Wind Down
  • Solvency Opinions
Proven Experience

Each bankruptcy process has unique characteristics, as well as benefits and drawbacks. Leveraging decades of experience servicing enterprises in distress, we are uniquely qualified to recognize the views, positions, requirements, and expectations of our clients’ constituents. Together, our knowledge and experience enable us to recommend feasible solutions for clients to maximize corporate value and honor their fiduciary duties to creditors and shareholders.

Our track record of success within the bankruptcy arena includes:

  • Minimizing time spent in bankruptcy and accelerating our clients’ emergence from bankruptcy
  • Finding new sources of working capital, including restructuring secured financing
  • Making a market for going-concern sales to achieve prices substantially higher than liquidation value 
  • Maximizing value for the client and all constituents throughout the process
  • Negotiating with customers to accelerate and restructure payment terms
Navigating Bankruptcy

A successful Chapter 11 process requires communication among all constituents to quickly achieve a plan of reorganization or sale of the business or its assets. We apply deep practical experience to guide clients through the complex, rigorous bankruptcy process in jurisdictions throughout the United States. 

Our experts are attuned to shareholders’ and management teams’ needs throughout the bankruptcy process and often provide interim management services. We manage all reporting requirements throughout the bankruptcy process, including:

  • Cash flow forecasts and scorecards
  • Statements of Financial Affairs (SOFA)
  • Schedules of Assets and Liabilities (SOAL)
  • Monthly Operating Reports (MOR)
  • Liquidation analysis supporting the bankruptcy plan
  • Financial projections supporting business plans
  • Other required financial analysis 
Navigating Alternatives to Bankruptcy

The bankruptcy process can be prohibitively expensive and time consuming for many middle market companies. Based on state regulations and a client’s unique situation, our experts frequently assess and spearhead alternatives to bankruptcy, such as:

  • Assignment for the Benefit of Creditors (ABC)
  • Out-of-Court Settlements
  • Receivership
  • Article IX Sales
Bankruptcy Litigation

Our team employs specialized expertise, flexibility, and integrity when working with distressed companies, their counsel, and regulators in matters of bankruptcy and insolvency litigation.

We help organizations assess the causes of financial distress; evaluate potential fraud and misconduct by management, employees, and third parties that may have contributed to the financial hardship; perform valuations of businesses and their remaining assets; conduct forensic accounting analyses; and serve as expert witness. We also routinely work with regulators and receivers in bankruptcy and insolvency matters and are actively involved in organizations that serve those practitioners.

Insurance Insolvency / Bankruptcy Litigation

We are retained to provide expertise in litigation involving the insurance and reinsurance industries, including cases of insurance company bankruptcy and insolvency.

Through decades of experience, comprehensive analysis, and knowledge of regulatory processes and governing accounting standards, our team offers specialized expertise in evaluating the causes of insolvency and resulting impacts related to property and casualty, life, and health insurance entities. This includes performing liability, causation, and damages analyses related to directors, officers, accountants, actuaries, and other third parties and consultants.

IP Valuation in Bankruptcy

A considerable and increasing number of corporate restructurings involve significant intellectual property (IP) assets, including patents and technology, copyrights, trademarked brands, and customer agreements, among others. For many companies, IP is among its most valuable assets, establishing its market identity and setting it apart from the competition. Disputes related to IP, IP rights, and their value are becoming increasingly commonplace and can play a significant role in the bankruptcy and restructuring process. Dealing with such issues requires an in-depth understanding of the intellectual property landscape.

The Valuation Group at Ocean Tomo, a part of J.S. Held, brings expert capabilities and a business-oriented perspective to its clients dealing with bankruptcy and restructuring matters. Our unique approach combines industry-leading intellectual property market expertise with sound valuation theory, allowing us to properly recognize and accurately value all forms of intellectual property assets.

 
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