Case Studies

ABC of Multi-Channel Retailer

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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The Situation

A 50-year-old multi-channel, direct-to-consumer retailer offered a broad selection of consumer products at affordable prices through six catalogs, seven e-commerce channels, and an onshore call center.

Despite strong vendor relationships and significant customer loyalty, the Company’s revenues and profits had declined to the point of insolvency due to increased competition; rising costs of paper, shipping, and labor; supply chain challenges resulting from the COVID-19 pandemic; and other economic factors.

How We Advised

Our experts served as Assignee in the Assignment for the Benefit of Creditors (ABC), improving creditors’ recovery from zero to $2.5MM+ by designing and implementing the competitive sale of business assets and substantially reducing vendor claims.

Keys to the successful outcome included:

  • Hiring and collaborating with an investment bank to aggressively market the Company’s intellectual property – history and name recognition, strong brands, substantial customer list – resulting in the sale of business assets to a competitor
  • Winding down operations in an orderly manner by continuing order fulfillment to generate positive cash flow
  • Reducing vendor claims by roughly $4.0MM by offering options to sell-through, retrieve, or abandon inventory
  • Negotiating with the landlord to reduce costs related to exiting a 200,000 sq. ft. warehouse
  • Recommending that the Company file for an Employee Retention Credit (ERC) to potentially recover an additional $5.0MM for creditors
  • Reviewing and administering the claims process for unsecured creditors

 

Obstacles Encountered & Our Solutions

  • A significant amount of vendor inventory remained in the Company’s warehouse at the date of the ABC.
    • Our experts designed creative options and coordinated with hundreds of vendors to either sell-through, pick up, or abandon their inventory.
    • Our systematic process simultaneously reduced anticipated claims by roughly $4.0MM and emptied the Company’s warehouse as required by its lease.
  • Transferring copious amounts of haphazardly stored critical data to the buyer.
    • The full sale price was subject to the successful transfer of all data.
    • We successfully preserved and transferred all required historical data.
  • Restoring the Company’s massive ~200,000 sq. ft. warehouse to its original condition, per lease terms.
    • The warehouse contained equipment, inventory, racking, conveyors, materials, waste, and other items accumulated over 50 years.
    • Our experts continued order fulfillment during the ABC to cover the costs of restoring the warehouse and building to its original state.
    • We worked with various liquidators to sell FF&E and remnant inventory.
    • We retained employees and contractors to manage the clean-up process, strategically reducing headcount as directives were met. 

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.

 

> Solutions for Distressed Situations
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth.

Key Contacts

For additional information about the engagement or to learn more about our services, contact:

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