Case Studies

ABC of Custom Cabinetry Manufacturer

J.S. Held Acquires GLI Advisors, Strengthening Our Construction Project Support Services in the Western US and Hawaii

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The Situation

The company was struggling as a result of the economic downturn, with depressed cash flow and accounts payable issues. An investment banker was hired by the business owner, who was also a creditor to the company, to sell the business. The company’s unsecured creditors were suppliers motivated for the business to continue as a going concern.

Recognizing he lacked sufficient independence, the investment banker recommended our experts to the owner to ensure an arm's-length transaction for the company’s creditors.  We quickly identified an ABC as the best process.

How We Advised

Our experts successfully sold a custom cabinetry manufacturer suffering chronic cash flow problems and near bankruptcy to a strategic buyer in an Assignment for the Benefit of Creditors (ABC).  This paid the secured creditors in full with the proceeds and administered a claims process for unsecured creditors that returned approximately 5% of accounts payable on a pro-rata basis.

Some key problems and solutions our team assessed included:

  • The company’s unsecured creditors wanted to maximize their recovery, but also wanted the business to continue as a going concern.
    • We produced a liquidation analysis to compare proceeds from selling the business as a going concern to proceeds from an orderly or forced liquidation of the assets.
    • Our team performed due diligence (including identification of assets, UCC search, status of liens and obligations with landlord, appraisal of equipment), established a marketing process to sell the business through an ABC, and negotiated with potential buyers.
    • We ultimately succeeded in selling the business to a competitor.
    • We communicated with and administered a claims process for the unsecured creditors on a pro-rata basis from the proceeds of the ABC sale.
  • Operations needed to be restructured to attract prospective buyers.
    • Our team aggressively managed cash flow, accounts receivable, expenses, and vendor
    • We identified and made payments to all secured lienholders.
  • Insolvency complicated the transition of the business to the buyer.
    • We negotiated with the buyer to issue and fund the final vacation and other payroll-related accruals owed to employees as incentives to continue with the company under its new ownership.
    • As Assignee, our experts performed an inventory of all equipment, raw materials, and work-in-progress for an accurate record of turnover to the buyer.
    • Our team carefully maintained vendor relationships and insurance throughout the process.
    • We appeased the landlord with the idea that a new operator would take over the lease.

Key Contact

David Stapleton, CPA, CLPF
Senior Managing Director
Strategic Advisory Practice
+1 213 235 0601
[email protected]

Related Practice Areas

> Assignment for the Benefit of Creditors (ABC)
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.

 

> Chief Restructuring Officer (CRO) and Interim Management Services
Our experienced C-suite interim executives advise and support companies in financial distress, experiencing hypergrowth, or that are challenged by critical vacancies among senior leadership. Whether the leadership void results from operating challenges, a recent officer resignation, the need for added support during busy periods, or during an extended job search for the right permanent hire, our experienced executives provide immediate relief and value.

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