April 2017
Feature Article
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Fraudulent Conveyance Actions Provide a Tool for Asset Recoveries
Fraudulent conveyance is a legal concept involving the transfer of property for less than equivalent value to defeat a creditor’s ability to collect from its debtor. Whether a fraudulent conveyance has occurred is highly dependent on the facts and circumstances of the case. For example, if someone sold his $500,000 house to his daughter for […]
More from this Issue
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A Second Chance for Companies Helps Maintain Democracy, Free Markets
In February, TMA Global Chair David Cohen and I attended the fourth annual TMA Eastern European Conference hosted by Erste Bank in Vienna, Austria. Bringing together nearly 150 turnaround professionals, lawyers, capital providers, and others, this meeting represented a who’s who of the profession from across the Continent and, indeed, the globe. The conference’s programmatic […] -
Newcomers: April 2017
Alabama Christopher G. Brown, Newpoint Advisors Corporation Bradley R. Hightower, Christian & Small LLP Arizona Ron Losefsky, ISD Bradley J. Stevens, Jennings Strouss & Salmon PLC George Wandachowicz, Biditup Auctions Atlanta Harry Bramson, Conway MacKenzie Inc. John W. Cannon, Conway MacKenzie Inc. Nancy D. Halwig, PNC Financial Services Group Sarah Schrag, Dentons US LLP Marc C. Sullivan, EFM Restructuring Advisors […] -
Milestones
Sheon Karol has joined The DAK Group, a boutique investment bank serving middle market companies, as a managing director. He has more than three decades of experience and has negotiated transactions in industries that include manufacturing, biotech, pharma, for-profit education, medical research, agriculture, consumer goods, food & grocery, and sports. He brings a combination of executive, […] -
Andrew M. Toft: Mountain Man
Andrew M. Toft is a Denver attorney whose practice includes commercial and civil litigation, real estate litigation, commercial foreclosures and receiverships, commercial collections and loan workouts, post-judgment collection, creditors’ rights in bankruptcy, and Uniform Commercial Code Article 9 issues. He is an active member of the American, Colorado, and Denver Bar Associations. Toft is a […] -
Getting, Maintaining Employee Buy-in for a Turnaround Plan
When underperforming and distressed companies require the intervention of turnaround executives, they often need to develop and implement a new strategic plan. At the most fundamental level, the plan’s success depends on changing employee behaviors. Attaining employee adoption of a plan is commonly referred to as “buy-in.” Obtaining and maintaining buy-in throughout the turnaround process […] -
The Importance of Lagging vs. Leading KPIs in Lending on Inventory
There are many important considerations to keep in mind when lending on inventory assets. Chief among them is understanding the differences between so-called lagging versus leading indicators when identifying and monitoring critical key performance indicators (KPIs) in any given transaction. In today’s ever-changing and fast-paced environment, these must be monitored proactively and continuously, with a […] -
Riding a Stalking Horse to the Other Side of Bankruptcy
Just as a debtor selling real estate in a bankruptcy proceeding engages a bankruptcy attorney to handle legal work and a financial advisor for management consulting and financial reporting services, the debtor should also engage a real estate advisor who specializes in selling assets in bankruptcy. The business model of a typical real estate broker […] -
‘Textbook’ Case Shows How to Lose Protection of the Corporate Veil
The fundamental principle that assets and liabilities of a company are generally separate and apart from those of its owners is something that most first-year law students, as well as most business owners, know.1 Indeed, the insulation that the rule provides owners from potential liability of their business is the very reason many business owners […] -
Trustee Uses Litigation Finance to Secure Creditor Recoveries
Distress visits everyone. In business, distress may lead to a spiral of disadvantageous transactions, litigation, arbitration, a visit to Bankruptcy Court, and even less pleasant adversity. Even with best intentions and extraordinary efforts, following the usual pathways can limit options. That eventually may lead to the cliff’s edge. An emergent option offers an alternative to […] -
Panama Papers Spotlight Need to Guard Against Money Laundering
The Panama Papers continue to shine a new light on the hidden world of money laundering, providing important details on how overseas shell corporations can be used to make dirty money look clean. Each new revelation gives federal agencies more ammunition in their fight against this brand of financial fraud. Armed with these new disclosures […] -
Fraudulent Conveyance Actions Provide a Tool for Asset Recoveries
Fraudulent conveyance is a legal concept involving the transfer of property for less than equivalent value to defeat a creditor’s ability to collect from its debtor. Whether a fraudulent conveyance has occurred is highly dependent on the facts and circumstances of the case. For example, if someone sold his $500,000 house to his daughter for […] -
Fraud Is a Constant Concern in Turnarounds
The Journal of Corporate Renewal serves the turnaround industry as a key resource, with content that provides relevant commentary on key trends in industry and finance. One of the constants in turnarounds is dealing with fraud and litigation. Fraud is often a critical part of a turnaround case. Recently, I received a call from the […] -
TMA Member Investing Trends
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