Case Studies

Receivership of Auto Dealership Achieves 80%+ Recovery in Three Months

J.S. Held Acquires Element Forensic Engineering, Expanding Insurance-Focused Capabilities for Mid-Market and Large Loss Property Claims Across Canada

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Home·Receivership of Auto Dealership Achieves 80%+ Recovery in Three Months

The Situation

A Chrysler, Dodge, Jeep, and Ram dealership based in Northern California defaulted under a vehicle flooring facility with one of the largest US banking institutions. Our team was appointed as receiver to secure the dealership, protect the lender’s collateral, and determine the best recovery strategy for the business and assets. After evaluating the collateral base, operating needs, and prospective buyer interest, our team pursued an orderly wind-down and liquidation designed to maximize proceeds for the secured lender and reduce ongoing cost exposure.

How We Advised

As a court-appointed receiver, we recovered more than 80% of the secured lender’s flooring balance exposure in just three months. Our strategic process included:

  • Securing & Protecting Key Dealership Assets: Assumed control of dealership operations, secured the premises, verified inventory exceeding 100 vehicles, preserved books and records, and implemented controls to safeguard vehicle parts and equipment assets.
  • Negotiating OEM Vehicle Buybacks: Generated approximately $4.3M in proceeds by negotiating with a leading global automotive manufacturer to buy back 76 eligible new vehicles, thereby minimizing deductions and accelerating vehicle removal.
  • Maximizing Recovery from Non-OEM Vehicle Inventory: Generated approximately $2M in proceeds by developing and executing a sales strategy for vehicles ineligible for OEM repurchase, including negotiated bulk sales to large regional dealerships and direct strategic sales to individuals.
  • Executing a Successful Auction for Fixed Assets: Efficiently monetized high-value service equipment and parts inventories through a successful auction. Retained an auctioneer and developed a targeted marketing process that attracted more than 100 prospective buyers, generating over $150K in net proceeds.
  • Managing Operations Through an Orderly Wind-Down: After assuming control and evaluating the dealership’s operational performance, negative cash flow, collateral values, and market alternatives, we determined that an orderly wind-down would maximize creditor recoveries. We negotiated a new facility lease, retained key personnel to support ongoing operations and asset sales, and managed the dealership through complete liquidation while significantly reducing operating costs and lender exposure.
  • Administering Cash Management & Court Reporting: Managed all accounting functions, including cash receipts and disbursements, maintained accounting records, and prepared periodic reports and court filings throughout the receivership.

Obstacles & Our Solutions

The lender needed immediate control over dealership collateral after default under the vehicle flooring facility. Our team immediately took the following actions:

  • Secured the dealership premises and assets under court authority.
  • Verified inventory and preserved physical and electronic records.
  • Protected collateral while evaluating whether a going-concern sale or liquidation strategy would maximize recovery.
     

The vehicle inventory required fast monetization to preserve OEM buyback value. We developed and executed a targeted strategy:

  • Negotiated with one of the largest OEMs to repurchase 76 eligible new vehicles with minimal deductions, maximizing value for the lender.
  • Expedited pickup to reduce overhead and storage costs related to the vehicles.
  • Sold remaining vehicles to other large dealerships in the area and individuals.

Fixed assets needed a transparent sale process that maximized estate recovery. Our team conducted a competitive and well-marketed sale process:

  • Hired professional assistance to inventory fixed assets, which consisted of thousands of parts.
  • Interviewed accredited auction houses and negotiated auction terms and commissions.
  • Executed a marketed auction with 253 lots and more than 100 prospective buyers, resulting in over $150K in auction proceeds.

The estate needed an orderly wind-down and court-supervised closeout. We oversaw all aspects of the wind-down through final distribution:

  • Managed payroll, sales tax, lease, storage, and records retention matters.
  • Backed up electronic records and transferred required paper records to storage.
  • Prepared final accounting and distributed proceeds to the lender, resulting in 82%+ recovery.

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues. We right-size operations, monetize assets, navigate disputes, and increase value and overall cash recovery for creditors and other stakeholders.

 

> 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. Our team delivers hands-on guidance and independent analysis to lenders, creditors, legal counsel, executive teams, boards of directors, and investors.

Key Contacts

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