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Receivership of Diesel Engine Retrofitter

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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Home·Receivership of Diesel Engine Retrofitter

The Situation

After one of the company’s retrofitted diesel engines failed, causing a large brush fire, the California Air Resources Board (CARB) initiated a $17 million product recall.  The company’s lender called its note and the company’s private equity owner lacked the capital to fund on-going operations.  Unable to operate the company and concerned about the potential for personal liabilities, management secured the assets, closed the business, and mailed all facility keys to the lender.

Knowing that our experts understood the company’s industry, the lender appointed us as receiver. We approached the engagement with the goal of working with management to salvage as much of the company’s value as possible and, if possible, protect jobs.

How We Advised

Serving as interim CEO and receiver in a situation that could have been a complete write-off, our experts successfully recovered approximately $3 million for the lender by:

  • Transitioning the shuttered company to a going concern;
  • Restructuring an onerous government liability from $17 million to less than $1 million; and
  • Selling the company’s assets to a strategic buyer, which would not have been possible with the government liability outstanding.

Obstacles & Our Solutions

  • CARB’s $17 million recall liability made it impossible to sell the company, its intellectual property or any other assets.
    • We successfully reduced the recall liability from $17 million to less than $1 million by negotiating practical solutions between CARB and the company’s former CEO.
  • The company had to fulfill its warranty obligations and redesign the diesel engine that failed to meet CARB’s standards.
    • We negotiated for certain of the recalled engines to be replaced by the buyer.
  • The company’s cash flow from new sales was severely impacted by the recalled product and liquidity crisis.
    • Our team successfully convinced the lender not to pursue an immediate liquidation, enabling the company to fulfill three purchase orders to an overseas customer and generate approximately $800,000, an amount exceeding projected proceeds from an asset liquidation.
    • We sold spare parts to customers prior to a sale of the business to generate additional cash.
    • We prepared a cash flow budget and timeline to guide a going-concern effort prior to the sale of the business and/or its assets.
    • We directed the company’s controller to pursue the collection of A/R and limit payment of pre-receivership A/P.
    • Our experts cancelled leases for 4 of the company’s 5 locations and liquidated furniture, fixtures and small tools to generate proceeds to cover operating costs of the receivership estate prior to a sale of the business.
  • There was a high likelihood that no buyer would come forward via a sealed-bid sale process.
    • We engaged a liquidation / auctioneer company to identify all components and estimate values of the company’s inventor, equipment and intangibles to aid in marketing each to prospective buyers or facilitate individual asset sales.

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.

 

> Chief Restructuring Officer (CRO) and Interim Management Services
Our experienced C-suite interim executives advise and support companies in financial distress, experiencing hypergrowth, or that are challenged by critical vacancies among senior leadership. Whether the leadership void results from operating challenges, a recent officer resignation, the need for added support during busy periods, or during an extended job search for the right permanent hire, our experienced executives provide immediate relief and value.

Key Contact

For additional information about the engagement or to learn more about our services, contact:

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