Top 10 Issues: Debtor Companies and Customers of Debtor Companies Eric Schultenover Waller Lansden...

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Top 10 Issues:

Debtor Companies and

Customers of Debtor Companies

Eric SchultenoverWaller Lansden Dortch & Davis, LLPeric.schultenover@wallerlaw.com

Kevin W. Crumbo Kraft CPAs – Turnaround & Restructuring Group

kcrumbo@kraftcpas.com

Top 10 Issues for Customers of Debtor Companies

1. Continuity of Supply  

Top 10 Issues for Customers of Debtor Companies

2. Support or Resource?  

Top 10 Issues for Customers of Debtor Companies

3. Support – How to Support

– Enhance credit to Supplier

– Purchase plants or operations from Supplier

– Debtor in possession financing

• What is it?

• Credit Bid

  

Top 10 Issues for Customers of Debtor Companies

4. Support – Where to Support

– Inside of Bankruptcy

– Outside of Bankruptcy

• Access Agreements

• Segregation and Tagging of Tools, Equipment, Capital, Inventory, Raw

• Tooling Acknowledgements

• Purchase options

Top 10 Issues for Customers of Debtor Companies

5. Support – When to Support

– Cost-benefit analysis

– Viable restructuring opportunity?

• Is this merely a financial issue or is it structural and operational

Top 10 Issues for Customers of Debtor Companies

6. Resource – Ability to Resource (long-term “executory” contract v. no contract)

– Has there been a breach?

– Lead time for resourcing?

– Treatment of Executory Contracts in Bankruptcy

Top 10 Issues for Customers of Debtor Companies

7. Resourcing Assistance – What do you need?

– Access

– Tools, Equipment, WIP, Raw

– Support

– Intellectual Property

Top 10 Issues for Customers of Debtor Companies

8. Anti-trust

Top 10 Issues for Customers of Debtor Companies

9. Customer programs and warranty issues during bankruptcy case

Top 10 Issues for Customers of Debtor Companies

10. Speed

Top 10 Issues for Debtor Companies

1. Restructure or Liquidate  

Top 10 Issues for Debtor Companies

2. Pre-bankruptcy planning– Preserve cash– Build inventory  – Engage primary creditors (typically

secured)– Arrange DIP financing– Consider pre-packaged bankruptcy

• Often financial restructuring

Top 10 Issues for Debtor Companies

3. Liquidate- Orderly wind down or Chapter 7?

Top 10 Issues for Debtor Companies

4. Financing– Debtor-in-possession financing

Top 10 Issues for Debtor Companies

5. Trade Creditors and Customers– Critical vendors– Customer programs

Top 10 Issues for Debtor Companies

6. Chapter 11 - Sale as a going concern or plan of reorganization?

Top 10 Issues for Debtor Companies

7. Sale – 363 sale process

Top 10 Issues for Debtor Companies

8. Plan of Reorganization under 1129

Top 10 Issues for Debtor Companies

9. Employees – Collective Bargaining Agreement?

Top 10 Issues for Debtor Companies

10.Exit Issues– Exit financing– Customer issues – warranty claims

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