Solutions for Distressed Situations

Bankruptcy Advisory

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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.

The bankruptcy process for every debtor has unique characteristics, as well as benefits and drawbacks. Leveraging decades of experience servicing enterprises in distress, we are uniquely qualified to recognize the views, positions, requirements, and expectations of our clients’ constituents. Together, our knowledge and experience enable us to recommend feasible solutions for clients to optimize enterprise and/or asset values and honor their fiduciary duties to creditors and shareholders. Our track record of success within the bankruptcy arena includes:

  • Minimizing time spent in bankruptcy and accelerating clients’ emergence from bankruptcy
  • Finding new sources of working capital
  • Serving as investment banker in the sale of businesses to achieve prices substantially higher than liquidation value
  • Maximizing value for the client and all constituents throughout the process
  • Maintaining support of trade vendors
  • Negotiating with customers to accelerate payment terms
Our Services
  • Accounting, Compliance, and Reporting Support
  • Asset Liquidation and Going Concern Sales
  • Bankruptcy Advisory (Chapter 7 & Chapter 11)
  • Bankruptcy Investigations
  • Chief Restructuring Officer (CRO) and Interim Management (CEO, CFO, COO)
  • Enterprise Valuation
  • Expert Witness Testimony and Litigation Support
  • Fairness Opinions
  • Independent Director
  • Intellectual Property (IP) Valuation
  • Out-of-Court Bankruptcy Alternatives – Assignment for the Benefit of Creditors (ABC), Settlements, Receiverships, Article IX Sales, Operational Wind Down
  • Solvency Opinions
Navigating Bankruptcy

A successful Chapter 11 process requires communication among all constituents to quickly achieve a plan of reorganization or sale of the business or its assets. We apply deep practical experience to guide clients through the complex, rigorous bankruptcy process in jurisdictions throughout the United States. 

Our experts are attuned to shareholders’, management teams’, and creditors’ needs throughout the bankruptcy process and often provide interim management services and manage all reporting requirements, including:

  • Cash flow forecasts and scorecards
  • Statements of Financial Affairs (SOFA)
  • Schedules of Assets and Liabilities (SOAL)
  • Monthly Operating Reports (MOR)
  • Liquidation analysis supporting the bankruptcy plan
  • Financial projections supporting business plans
  • Other required financial analysis
Navigating Alternatives to Bankruptcy

The bankruptcy process can be prohibitively expensive and time consuming for many middle market companies. Based on state regulations and a client’s unique situation, our experts frequently assess and spearhead alternatives to bankruptcy, such as:

Expert Witness Testimony & Litigation Support

Our experts bring deep financial and operational expertise to litigation support and expert witness roles, particularly in the context of bankruptcy engagements. Our team is skilled in forensic accounting, valuation, and financial analysis, translating complex transactions into clear, defensible insights for courts, counsel, and stakeholders.

We frequently are engaged to provide expert reports and testimony in adversarial bankruptcy proceedings, including matters involving fraudulent conveyance, solvency evaluations, and claims disputes. We support both plaintiffs and defendants—leveraging a disciplined, fact-based approach—and maintain independence and credibility under scrutiny.

Our highly experienced team members are trusted to deliver objective, well-reasoned opinions that withstand cross-examination. Whether appointed as fiduciaries for a distressed business or retained as experts in litigation or disputes, we help ensure that financial truth is clearly presented and stakeholder interests are protected.

Independent Director

Our experts are frequently appointed as independent directors to boards of distressed or insolvent companies, particularly in situations involving potential conflicts of interest or impending Chapter 11 proceedings.

Our presence reinforces sound governance, ensuring that fiduciary duties are upheld and that decisions reflect the interests of all stakeholders. In sale scenarios, especially where existing ownership may seek to reacquire the business, we oversee a fair and transparent process that protects creditor recoveries and maintains market integrity. Our board-level expertise helps guide companies through complex restructuring environments with impartiality, discipline, and strategic oversight.

Chief Restructuring Officer (CRO) & Interim Management Services

Our turnaround and restructuring experts serve as Chief Restructuring Officers (CROs) and interim executives in complex bankruptcy engagements and through direct appointment by the board of a distressed debtor, providing independent leadership and operational continuity during periods of financial distress. Our role may begin as an independent Financial Advisor then evolve to CRO and/or interim management positions. 

We apply deep expertise in insolvency, crisis management, and stakeholder negotiations to collaborate with lenders, legal counsel, and courts (when applicable) while stabilizing operations, preserving value, and guiding companies through restructuring or liquidation processes. Our actions are grounded in transparency, accountability, and a commitment to fulfilling responsibilities with integrity and precision.

Financial Advisory

We serve as financial advisors to debtors, creditors, and committees when businesses are navigating Chapter 11 bankruptcy, combining financial expertise with a practical, stakeholder-focused approach. 

We evaluate the debtor’s financial position, address strategies to preserve liquidity and maximize value, and advocate for equitable outcomes through data-driven analysis and strategic engagement. Our experts provide efficient execution throughout the process, collaborating with all parties involved to facilitate transparent communication to optimize outcomes. 

With a focus on feasibility, valuation, and operational insight, we guide matters to resolution while protecting stakeholder interests.

Bankruptcy Fiduciaries – Trustee, Plan Administrator, Liquidating Trustee

Our experts frequently serve in a variety of fiduciary roles, including Trustee, Liquidating Trustee, Examiner, Plan Agent or Administrator, Estate Representative, Special Master, or Winddown Agent to maximize proceeds during an asset liquidation, going-concern sale, winddown, or financial restructuring.

Courts regularly appoint our experts to serve as fiduciaries in Chapter 11 bankruptcy matters involving complex issues such as litigation or strained relationships between borrowers and lenders, including matters under Subchapter V of the Chapter 11 Bankruptcy Code. 

Our experts objectively manage the bankruptcy proceedings, ensuring proper bankruptcy processes are followed. In certain situations, our team transforms the distressed business’s operations to maximize returns from liquidation or sale. In other situations, we remain accountable for all aspects of the business until it successfully exits Chapter 11 and the case is dismissed.

IP Valuation in Bankruptcy

A considerable and increasing number of corporate restructurings involve significant intellectual property (IP) assets, including patents and technology, copyrights, trademarked brands, and customer agreements, among others. For many companies, IP is among its most valuable assets, establishing its market identity and setting it apart from the competition. Disputes related to IP, IP rights, and their value are becoming increasingly commonplace and can play a significant role in the bankruptcy and restructuring process. Dealing with such issues requires an in-depth understanding of the intellectual property landscape.

The Valuation Group at Ocean Tomo, a part of J.S. Held, brings expert capabilities and a business-oriented perspective to its clients dealing with bankruptcy and restructuring matters. Our unique approach combines industry-leading intellectual property market expertise with sound valuation theory, allowing us to properly recognize and accurately value all forms of intellectual property assets.

For additional information about our services and to help put you in touch with the appropriate expert across our global team, contact:

Michael E. Jacoby
View Bio
Michael E. Jacoby
Senior Managing Director | Strategic Advisory Practice Lead
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