Turnaround Issues

Last year, two very different cases achieved substantial returns to equityholders: Hertz and Garrett Motion. This panel will review how Hertz and Garrett Motion were able to achieve this result, including the circumstances that brought these companies to chapter 11 and the value-maximization strategies employed, the auction processes in each case, and how future tort claims were valued. The panel will also hold a broader discussion regarding the financial advisor’s role in the chapter 11 process from inception to exit.

This panel will use a case-study approach and mock negotiations to work through restructuring options for a brand-new case study. The case focuses on issues related to the valuation, makewhole, shared-services agreement and governance issues of the company and its creditors.

The panelists will discuss the collapse of the Surfside condominium in Miami, and the resulting receivership and other disasters that have forced insolvency professionals to allocate resources, sometimes importing tort concepts.

Most major chapter 11 cases are premised on the results of Restructuring Support Agreements or Plan Support Agreements. This panel will discuss current trends, case law and results in this area of the law.

In the past year, ending June 30, 2021, there have been 6,871 number of chapter 11 filings nationwide, and only 149 of them were of health care companies. Is there still distress in the industry, or did the U.S.’s stimulus funding correct the distress?

This panel will address how we deal with the new crop of corporate zombies that have been emerging as a result of the influx of debt to balance sheets during the pandemic. What tools are available to address this phenomenon? When will the Fed’s credit-tightening or other regulatory requirements force regulated lenders and borrowers to address these issues? How will nonbank lenders react? Finally, how will the Main Street Lending Program (and the Fed’s role as lender) play into this discussion?

This panel will compare and contrast liquidations and wind-downs under chapter 11, federal and state receiverships, ABCs, and judicial dissolutions. The panelists also will take a look at tools that are available and the risks attendant to each. Which companies are more appropriate for which type of liquidation option: cannabis and related company insolvencies, or higher education institutions?

What do attorneys and other professionals need to know when preparing chapter 11 liquidation plans? This panel will discuss selecting a trust, LLC, plan administrator or other vehicle; ensuring that affirmative claims are preserved post-confirmation; searching for unencumbered assets; negotiating carve-outs; establishing a value/tax basis in litigation claims and other assets transferred to a trust or LLC; key plan provisions such as preserving 2004 discovery rights, creditor oversight, continuing court oversight, required reporting and retention/transfer of attorney/client privilege; trading of interests; provisions for closing the case; and structured dismissals following asset sales as an alternative to a liquidating plan.

The global coronavirus pandemic has disrupted the global economy for more than a year creating winners and losers across countries, industries and socio-economic groups. Among the most impacted industries continue to be hospitality, leisure and real estate industries where, despite progress made in vaccinations towards herd immunity, there is no clear recovery timetable in evidence. This roundtable of investors and advisors will explore Covid-19’s impact on valuation and restructuring, including how companies and their stakeholders address liquidity to bridge a distressed company to its pre-pandemic performance levels and the how creditors and equity sponsors navigate these fluid dynamics to maximize their recovery.