Case Studies

Receivership of Multi-National Furniture Manufacturer

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

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The Situation

The high-end furniture company manufactured all of its products in three factories in Tijuana, Mexico and stored finished goods in a leased facility in Otay Mesa, CA.  The expansion of China’s lower-cost furniture manufacturing somewhat impacted the company; the housing crash of 2008 severely-affected sales and cash flow.

After failed plans to restructure or liquidate the company, the bank had lost confidence in its borrower and was concerned about its large payroll obligations.  J.S. Held was appointed receiver and immediately reduced payroll and commenced a liquidation.

How We Advised

As the bank-appointed receiver in a tenuous, cross-border situation involving a 20-year old furniture manufacturer, our experts successfully recovered $12 million in debt by:

  • Cleansing title on the machinery and equipment through a complex negotiation with a Mexican labor union and Mexican tax authority;
  • Working closely with local counsel, a local broker and other parties in Mexico;
  • Negotiating the sale of machinery and equipment and leasing a company-owned factory to a third-party furniture manufacturer; and
  • Consolidating furniture and negotiating its bulk sale to 3 different buyers.

 

Obstacles & Our Solutions

  • On the eve of J.S. Held’s appointment as receiver, the company failed to make payroll in Mexico, so the labor union seized the property (factories, machinery, equipment and inventory) and started to strike. In Mexico, the union representing wages has the primary lien, senior to secured lenders.  The bank funded payroll, ending the union’s strike, but the union would not release the property, which was the bank’s collateral.
    • Our team negotiated with the Mexican labor union and Mexican tax authority to release assets, resolve legal issues to cleanse title, identify buyers and collect Mexican accounts receivable.
    • We and its local broker successfully sold equipment valued at $1 million to the union for $300,000.
    • We used cash generated through accounts receivables collections to negotiate a settlement with the union, thus cleansing title so the assets could be sold.
  • The majority of the company’s assets, including 3 factories, were in Tijuana, Mexico, which was in a deep recession.
    • Our experts aggressively managed the properties, hiring security for the vacant buildings and maintaining a local presence to pay utilities, oversee local Mexican brokers and vendors and resolve title issues.
    • We worked with counsel to clear liens and close the property sales.
  • The business’s substantial inventory was located in Mexico and a leased U.S. warehouse.
    • Our team liquidated the U.S.-based inventory quickly to eliminate the high rent expense of the warehouse.
    • We sold the Mexican-based inventory to a U.S. buyer, facilitating the successful close by first cleansing liens on the furniture then clearing customs.
  • Hacienda (Mexican IRS) had liens on the factories and equipment (junior to the labor union) that had to be resolved before the factories could be sold.
    • Our experts created and implemented a strategy to remove Hacienda’s lien
    • We worked closely with the bank’s local Mexican counsel, who was instrumental in negotiations with Hacienda.

Key Contact

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

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.

 

> Solutions for Distressed Situations
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