Bankruptcy as a Positive Tool for Working Capital
A client found itself in the awkward position of having had its secured debt sold to a third party that had subsequently made demand to be paid. Even though we knew the notes had been sold at a substantial discount, legally the obligation had to be paid at its face value.The new note holder refused to negotiate a settlement and, in fact, caused the assets to be repossessed. The only solution to forestall this action was to have the client file for protection under the bankruptcy court. Once the petition was approved, we sought a new loan for the business which was operating as a Debtor-In-Possession (DIP). This request was approved and we then had the leverage to negotiate a settlement with the note holder for less than 30% of its balance and were able to use the balance to fund the reorganization and successfully re-emerge from bankruptcy. All of the other creditors including the unsecured creditors, were able to get paid in full and several years later, the client, with whom we continue to work, has paid all but a small portion of its secured debt used to emerge from bankruptcy.