Case Studies

Financial Advisor to Bank Regarding Bankrupt National Food Wholesaler

J.S. Held Acquires Clark Seif Clark, Strengthening West Coast Capabilities for Environmental Claims, Disputes, and Catastrophe Response

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Home·Financial Advisor to Bank Regarding Bankrupt National Food Wholesaler

The Situation

The 45-year-old family-owned food wholesaler served national accounts from operations in multiple states. After installing a new ERP/Inventory Management System, the company experienced liquidity problems, exhausted its credit facility, and its operations deteriorated rapidly due to its inability to fulfill customer orders. The insolvent company entered an Assignment for the Benefit of Creditors (ABC).

Upon discovering an over $10 million over-advance on the company’s line of credit, its bank retained our experts as its Financial Advisor to investigate the source of the over-advance. The engagement was expanded to include representation of the bank’s best interests throughout the ABC process

How We Advised

Our experts helped achieve a 100% recovery of a bank’s $33.5 million loan to an insolvent national food wholesaler that had entered an ABC (Assignment for the Benefit of Creditors) proceeding. As the bank’s Financial Advisor, our experts delivered the following services to improve upon a forecasted recovery of 32% – 53%:

  • Conducted forensic analyses of major changes in the company’s borrowing base.
  • Analyzed and quantified potential orderly and forced liquidation options.
  • Represented the bank’s best interests in developing a strategic plan to liquidate guarantors’ real estate assets to repay the loan.
  • Monitored the bank’s collateral throughout the liquidation process.
  • Advised the bank and its counsel during going-concern sale negotiations.

Obstacles & Our Solutions

  • The company attributed the bank’s over-advance to a failed ERP/inventory management system implementation:
    • Our team worked with the company’s IT department to gain access to its accounting system.
    • We completed a forensic accounting analysis to calculate accurate historical and projected borrowing bases.
    • We reviewed the bank’s internal collateral audit reports and provided recommendations to prevent or reduce the severity of similar occurrences in the future.
  • The company’s CFO and other accounting personnel resigned shortly after J.S. Held’s appointment, thereby obscuring the bank’s visibility of its collateral position:
    • Our team collaborated with key operations personnel to quantify inventory located in warehouses across 6 different states.
    • We provided tools to the Assignee and the company’s accounts receivable personnel for managing a $10.3 million A/R balance.
  • The Assignee was inundated by litigation with company vendors who were proponents of an involuntary bankruptcy:
    • Our experts conducted a liquidation analysis to outline potential recoveries under various scenarios.
    • We supported the Assignee by assisting with A/R collections management, analyzing saleable inventory, and reviewing supplier and customer contracts to maximize liquidation options.
    • Our team generated a collateral dashboard to keep the bank apprised of its secured position.

Key Contact

David Stapleton, CPA, CLPF 
Senior Managing Director 
Strategic Advisory Practice 
+1 213 235 0601 
[email protected] 

Related Practice Areas

> Turnaround and Restructuring Services 
Navigating the many challenges confronting a company in transition requires an operationally focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth. Drawing upon decades of experience in the turnaround space, we help companies in transition identify practical strategies to improve profitability and liquidity for immediate relief, while concurrently developing and executing a comprehensive turnaround plan for long-term, sustainable value creation. 

 

> Solutions for Distressed Situations 
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth.

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