March 10, 2018
Share:
LinkedInTwitter

Long-Term Disruptive Trends: Installment #2 – Transportation Industry Trends

Todd A. Zoha, CTP, CIRA[i]


By:  Todd A. Zoha, CTP, CIRA[i] This article is the second in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. Click here for the first installment in this series. INTRODUCTION The English Oxford dictionary defines “disruption” as a disturbance or problems which interrupt an event, activity, or process.  Disruption is ubiquitous in business. A few examples include customers filing for bankruptcy (Toys “R” Us Inc.), new laws (Tax Cuts and...

February 21, 2018
Share:
LinkedInTwitter

Long-Term Disruptive Trends: Installment #1 – Bankruptcy Venue Reform

Todd A. Zoha, CTP, CIRA[i]


By:  Todd A. Zoha, CTP, CIRA[i] This article is the first in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. INTRODUCTION The English Oxford dictionary defines “disruption” as a disturbance or problems which interrupt an event, activity, or process.  Disruption is ubiquitous in business.  A few examples include customers filing for bankruptcy (Toys “R” Us Inc.), new laws (Tax Cuts and Jobs Act), labor strikes (work stoppage at the...

November 27, 2017
Share:
LinkedInTwitter

Being Proactive: Steps a Supplier Can Take in the Face of Potential Customer Bankruptcy

  By: Erin N. Brady & James M. Gross The impending bankruptcy of a retailer is one of the most stressful experiences that a supplier may face. The supplier is confronted not only with the potential loss of a major customer, but also with the possibility of significant financial losses on account of unpaid accounts receivable. A supplier often finds itself scrambling to mitigate its exposure. The logistics around this can be confusing. For instance,...

November 14, 2017
Share:
LinkedInTwitter

NAFER 2017 Annual Conference: The Biggest and Best So Far!

By The Editorial Staff of DailyDAC[1]


David Dantzler, Marshall Gandy, Travis Correll, and Greg HaysTime it was oh what a time it was, it was!2 A time of non-innocence and confidences, to be sure, for the Keynote Presentation of the NAFER 2017 Annual Conference featured a convicted Ponzi schemer (Travis Correll, master of a $100 million scheme), SEC enforcement counsel Marshall Gandy, the federal equity receiver on the case (NAFER’s president, Greg Hays), and the receiver’s counsel David Dantzler. Mr. Correll...

September 25, 2017
Share:
LinkedInTwitter

NAFER 2017 Annual Conference [Oct. 18-20]: Miami, and a Ponzi Schemer Speaks!

NAFER 2017 Annual Conference [Oct. 18-20]: Miami, and a Ponzi Schemer Speaks! Also One Substantive Panel After Another and  . . . MIAMI!   The National Association of Federal Equity Receivers will hold its Sixth Annual Conference in Miami, October 18-20, at the Four Seasons Hotel.  We at DailyDAC have reported on NAFER's 2016 Annual Conference in Washington, D.C. and on NAFER's 2015 Annual Conference in San Diego. We are proud to be NAFER’s conference...

September 11, 2017
Share:
LinkedInTwitter

A Primer on the Chief Restructuring Officer (CRO)

Todd A. Zoha, CTP, CIRA[i]


  A Brief History of the Chief Restructuring Officer The role of a Chief Restructuring Officer (“CRO”) is approximately four decades old.  While still a somewhat new role in the 1990s, CROs are now ubiquitous in the restructuring community.  Todd Zywicki, a George Mason law professor who specializes in bankruptcy law, traces the origin of the CRO to the Bankruptcy Reform Act of 1978 (the “1978 Act”).[ii]  The 1978 Act created “a unified reorganization chapter...

September 5, 2017
Share:
LinkedInTwitter

Healthcare Restructurings: An Overview of Important Issues in Healthcare Bankruptcy Proceedings

By: Gary W. Marsh[i]
Dentons US LLP


  Healthcare providers face many pressures, including regulatory compliance costs and the costs of necessary technological and infrastructure investments.  Congress’ repeated attempts to reform healthcare legislation this year have created new uncertainties for the healthcare industry. A survey of financial experts and bankruptcy lawyers predicted the healthcare industry would join the retail industry and oil and gas industry as one of the hot areas of restructuring in 2017.[2] Among the many factors impacting healthcare providers...

August 22, 2017
Share:
LinkedInTwitter

The “Absolute Priority Rule” and Other “Rules” of “Priority” in Bankruptcy:

Philip D. Anker Wilmer Cutler Pickering Hale and Dorr LLP


Are They Really “Absolute,” Are They Really “Rules,” and Do They Always Provide “Priority” to Some Claimants Over Others? At its core, corporate bankruptcy addresses the problem of the “inadequate pie.”  While occasionally the debtor will be solvent, in most cases, the debtor will, for lack of a better term, be “bankrupt”—that is, it won’t have enough money or other assets to pay its creditors all they are owed.  The Bankruptcy Code includes a number of...


More Articles »