Insolvency Process

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INITIAL RISK FACTORS

  • Changing customer demand, process or equipment obsolescence, mounting legacy costs or environmental liabilities, protracted labor disputes, a shifting competitive dynamic, significant litigation – these and other challenges can lead to recurring losses which, if not addressed, will soon place a business or a public entity in extremis.
  • This stage of the insolvency process is where careful analysis and decisive action count for the most.
  • Working closely with our clients, South Bay Law Firm strives to achieve optimal client positioning at this early stage.

CASH SHORTAGE

  • Seemingly “manageable” operating losses frequently cascade into chronic shortages of cash - and inability to meet payroll, debt, or other basic operating obligations.
  • To survive, management must immediately and effectively communicate with employees, creditors, and other interested parties – the goal is an objective, realistic plan for quickly resolving the cash shortage.
  • South Bay Law Firm can provide immediate advice informed by the legal “back-drop” against which restructuring negotiations typically occur.
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INSOLVENCY

  • Predictably, unresolved cash shortages lead to insolvency.
  • When new funding or refinancing are not achievable and total assets are worth less thantotal liabilities, the organization must restructure or arrange for a “going concern” sale. The alternative is liquidation.
  • At this juncture, the organization needs to make immediate decisions about its viability and its best insolvency “exit strategy.” It must do so with no margin for error.
  • In judicial and non-judicial insolvency proceedings, South Bay Law Firm’s experience permits clients to assess their best tactical options and preserve maximum value - or achieve maximum recovery.

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