Case Studies

Receivership of Automobile Dealership

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

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The Situation

A bankrupt automobile dealership in Northern California had defaulted on its floorplan loan, causing its bank to commence a collection action.  A convoluted process of receivership and bankruptcy filings ensued, during which time the assets (new vehicles) continued to depreciate.

The court appointed our team as receiver to take possession and monetize the borrower’s personal property assets for the best possible recovery for the secured lender. Once the company converted to chapter 7 bankruptcy and ceased operations, our team quickly facilitated a liquidation. 

How We Advised

After taking possession of the auto dealership as receiver, our experts quickly recovered 70% of the bank’s outstanding balance by:

  • Successfully selling the automobiles to a third party, which was a faster solution than the manufacturer’s buyback program or public auction, and
  • Negotiating a higher price from the buyer by strategically leveraging the auto manufacturer’s buyback obligations and the projected public auction value of the automobiles.

Obstacles & Our Solutions

  • The bankruptcy court originally appointed us in a restricted role as collateral agent.
    • Within the limited abilities of the collateral agent role, our experts quickly evaluated the auto dealership’s historical cash flows and cash projections to successfully restrict its use of cash collateral.
  • The manufacturer and bankruptcy trustee disputed our authority as receiver with respect to the bank’s collateral and the dealer agreement.
    • We aggressively pursued a resolution, engaging experienced counsel to assist in negotiations with the manufacturer and the bankruptcy trustee. All assets, including the rights and remedies with respect to the dealership agreement, were obtained by the receivership estate instead of the bankruptcy estate through a stipulation filed with the bankruptcy court.
  • The business’s records, including title and transfer documentation, were disorganized and incomplete.
    • Our team determined the status of title for the estate’s 140 vehicles, then collaborated with the Department of Motor Vehicles, legal lienholders and prior vehicle owners to resolve and complete title and transfer documentation for 20 preowned vehicles.
  • There was a pending offer from a local dealership owner, however, the borrower lacked the expertise or sophistication to close the transaction.
    • We leveraged its technical knowledge of dealership insolvency to strategically position the prospective buyer against the manufacturer’s buyback obligations and automobile auction houses to achieve the best possible recovery.
    • We resurrected the transaction with the prospective buyer and negotiated with the auto dealership’s landlord for a period of free rent for the receiver.
  • The borrower used cash collateral and illegally sold parts inventory while in bankruptcy.
    • Our thorough forensic analysis of the inventory and cash collateral used during bankruptcy enabled the bank’s attorneys to file a successful claim in bankruptcy court.
    • The bank recouped 100% of its $200,000 as a priority claim.

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues.

 

> Bankruptcy Advisory
Navigating bankruptcy is inherently complex, often involving struggling businesses, litigation, incomplete or inaccurate financial records, potential fraud, and other challenges, in addition to strict court-mandated processes. Our experienced team of turnaround and restructuring experts seamlessly guides clients throughout the process to optimize outcomes for lenders, creditors, shareholders, and employees.

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