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Investing in Distressed Businesses

Economic and Stock Market Data

Stock Market Pundits & Economic Data: What Conclusions Can We Draw on the Distressed Asset Space?

What Distressed Asset Investors Can Glean from Low Interest Rates, Rising Asset Prices and Insolvency on the Horizon DailyDAC readers know that we try to confine ourselves to publishing “evergreen” thought leadership—general education for business owners and investors about business bankruptcy, its alternatives, and related subjects. There isn’t a stark line between the news of […]


Documenting a Claims Trade

An Introduction to Bankruptcy Claims Trading Part 2: Documenting the Sale of a Claim

Trade Confirmations, Sale Agreements and the Provisions You Need to Know to Document a Claims Trade In our previous article, Introduction to Bankruptcy Claims Trading, we discussed the claims trading marketplace, focusing on its characteristics, the motivations for its participants, some basics of documentation, key business and legal structuring considerations, as well as risks borne […]


Tsunami of Executory Contracts

Analyzing Executory Contracts: Can AI Save Us from The Contract Tsunami?

The Overlooked (Giant) Asset Class: Executory Contracts In today’s world, one of the most important sources of assets and liabilities for a debtor is its executory contracts. Companies that were once heavy with assets and employees now have a much lighter balance sheet accompanied by many more business agreements enabling (or causing) them to utilize […]


Bankruptcy claims trading

An Introduction to Bankruptcy Claims Trading

A Primer on the Bankruptcy Claims Marketplace Upon the filing of a bankruptcy petition by a debtor in a U.S. chapter 11 proceeding, any attempts to collect debt by a creditor are halted. As a result, creditors face the daunting prospects of either waiting out the debtor’s bankruptcy case—not knowing when, how much, or even […]


Buying a distressed business

90 Second Lesson: First Step Before Buying a Distressed Business

How Types of Sales Affect the Purchase of a Distressed Business   Editor’s Note: this is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it.   Question What is the first integral decision a buyer must make […]


363 Sale vs Article 9 Sale

90 Second Lesson: Selling Collateral in a 363 Sale vs Article 9 Sale

Why a Secured Creditor May Push to Sell Collateral Outside of Bankruptcy   Editors’ Note: This is part of our irregular series in which we answer readers’ questions. If you have a question, submit it to [email protected] and we will try to answer it. Question: An investment banker recently wrote in, saying: “I am currently […]


How to read a balance sheet

Finding Truth in a Debtor’s Balance Sheet: Analyzing Assets, Liabilities and Equity

How to Read a Balance Sheet Beyond Surface Level   A balance sheet provides a snapshot of a company’s financial condition as of a specific date by presenting three components: assets, liabilities and equity.  While a balance sheet may help its user to evaluate a company for stability, investment potential, and creditworthiness, it should not […]


Calculating valuation methods

Introduction to Distressed Debt Analysis: 4 Company Valuation Methods for Investors

How You Can Use Your Personal Experience and Expertise to Formulate and Investment Thesis   It’s time to take an in-depth look at distressed debt investing and how you can use your personal experience in conjunction with company valuation methods to make decisions. Most investors will want to enter the distressed investing space by relying […]


An investor hands over keys to a distressed asset as part of an assignment for the benefit of creditors, or ABC

Selling Distressed Assets: The Assignment for the Benefit of Creditors Alternative

An Alternative to Chapter 11 and Chapter 7 Liquidations Financially distressed companies faced with unlikely prospects for reorganization – and the creditors who can influence their decisions – often take advantage of the chapter 11 liquidation option, where the debtor’s assets can be sold free and clear of all liens, claims, and encumbrances. This leaves […]


Men walking through inventory in warehouse

Buying Operating Assets from a Distressed Seller

A Practical Guide to Assessing Legal Risk and Potentially Fraudulent Transfers    “One man’s rubbish is another man’s treasure.” -William & Robert Chambers Journal of popular literature, science and arts (1879)  “A little learning is a dangerous thing” -Alexander Pope, An Essay on Criticism (1709)    Buying operating assets from a financially distressed seller can […]


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