working with financially distressed customers western hardwoods association june 26, 2006 las vegas,...
TRANSCRIPT
WORKING WITH
FINANCIALLY
DISTRESSED
CUSTOMERS
Western Hardwoods AssociationJune 26, 2006Las Vegas, NV
Jim Jensen, CCE, CEW
International Business Credit Consulting
National Association of Credit Management
Oregon – Distressed Business Services
Qualifications
CCE – Certified Credit ManagerCEW – Certified Expert WitnessB.S. Degree – no surprise there!Advanced education - Dartmouth,
Harvard, etc.
THE MOST IMPORTANT IS
Q B E
The rest doesn’t mean anything without this
We’ve all earned it or we wouldn’t be here
Can’t be gained except through hard work
QUALIFIED
BY
EXPERIENCE!
The Team
List CEO and key management by name.
Include previous accomplishments to show that these are people with a record of success.
Summarize number of years of experience in this field.
NACM OREGONDISTRESSED BUSINESS SERVICES
Mission Statement
The mission of the NACM Distressed Business Services is to assist and facilitate in the return to profitability of a business that is experiencing temporary financial distress. As a member owned association of business credit professionals, it is incumbent on us to use our knowledge and expertise as best we can to work with all parties in restructuring a company.
In those situations where it is not possible to rehabilitate the company, it then becomes our responsibility to assist in an orderly liquidation of the business and its assets, protecting the interests of both the secured and unsecured creditor community..
NACM OREGON SERVICES
Credit ReportsIndustry Credit GroupsCollectionsEducationDistressed Business ServicesAccounts Receivable AnalysisCredentia Staffing Services
DISTRESSED BUSINESS SERVICES
ASSIGNMENT FOR BENEFIT OF CREDITORS
RESTRUCTURING
APPRISALS, AUCTIONS AND LIQUIDATIONS
ACCOUNTS RECEIVABLE ANALYSIS
Distressed Business Services (continued)
REPRESENT INDIVIDUAL CREDITOR ON UNSECURED CREDITORS COMMITTEES
SECRETARIAL AND ADMINISTRATIVE SERVICES FOR CREDITORS COMMITTEES
FACILITATE PREPACKAGED BANKRUPTCY
ABILITY TO TALK WITH OTHER CREDIT PROFESSIONALS IN THEIR “OWN” LANGUAGE
BANKRUPTCY ALTERNATIVES
Extensions or Settlements
General Assignment for Benefit of Creditors
General Assignment for Benefit of Creditors
EXTENSIONS OR SETTLEMENTS
Functions like a Chapter 11 Reorganization
Meeting of creditors is calledUCC-1 executed to prevent run to
courthouseCreditor’s committee formed, equitable
plan formulated
Creditor’s vote on acceptance of workout plan
Implement and fund plan, distribute pro-rata payments, close case
Flexible = speed, less cost, efficient
Plan can be used as a reorganization plan in a pre-packed bankruptcy if a hostile creditor group attempts to stop the workout plan
Functions like a Chapter 7
Disinterested 3rd party acts as fiduciary
Assets sold, usually at auction
Sales done for cash which speeds distribution
All other assets converted to cash
Distribute available funds pro-rata, close case
Does not provide discharge of debts
GENERAL ASSIGNMENT FOR BENEFIT OF CREDITORS
PREPACKAGED BANKRUPTCY
WORK WITH MANAGEMENT AND COUNSEL IN THE
INITIAL PROCESS (I.E. PREPARING AND MAILING
OF NOTICES)
FACILITATE THE ORGANIZATION OF THE
CREDITORS COMMITTEE
ASSIST IN NEGOTIATIONS BETWEEN CREDITORS
AND DEBTORS
ASSIST IN PREPERATION OF REORGANIZATION
PLAN(S)
CHAPTER 11 BANKRUPTCYReorganization
Debtor in Possession Potential for survival Ability to make payments Settlement options
Sale of business units
Liquidation of assets
No longer option for many small to medium sized
business.’
CREDITORS COMMITTEES
REPRESENTATION OF CREDITOR ON COMMITTEE
SERVE AS COMMITTEE SECRETARY
SERVE IN AN ADVISORY CAPACITY TO COMMITTEE
MEMBERS
ASSIST IN PREPARATION AND/OR REVIEW OF
REORGANIZATION PLAN(S)
SERVE AS AN EXPERT WITNESS ON PREFERENCE
ISSUES
General Assignment Liquidation
3rd party acts as fiduciary
Sale of assets (auction)
Cash sales – speeds distribution
Chapter 7Liquidation
Sale Of Business
Preference Actions
Auctions
Liquidations
Ultimate discharge of all dischargeable debts