Strategic Bankruptcy

In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil. Bankruptcy, once a term that sent shudders up a manager's spine, has now become a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets employ bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game? In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option, and not just a last-ditch solution. This searing exposé of current corporate practices will incite debate among corporate executives, lawyers, legislators, and policy makers.

In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil. Bankruptcy, once a term that sent shudders up a manager's spine, has now become a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets employ bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game? In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option, and not just a last-ditch solution. This searing exposé of current corporate practices will incite debate among corporate executives, lawyers, legislators, and policy makers.

From Debra Ann Hatten - The Christian Science Monitor (Eastern edition) This book, written for the nonfinancial reader, records conventional reasons for business failure: cash-flow problems, taking on too much debt, and starting out with too little capital. But it continues where other books may stop, pointing out to those who are nearly bankrupt how to avoid bankruptcy. It describes reorganization techniques that have pulled companies out of the holein recent years--such as refocusing market niches and converting debt into stock. The book uses minicases to illustrate these methods. The author also gives potential investors a score card to select potential turnaround companies when picking up the high-risk, high-yield bonds (not stocks) of near-bankrupt or bankrupt companies.

Surrounded by a host of political and social problems, America stands at the crossroads of a devastating economic crisis - the size and scope of which demands immediate action, while instability and debt loom over the future. • America is the greatest debtor nation in history. • The value of the dollar is at tremendous risk. • Inflation is about to become a huge reality. Crippled by personal debt, local and state governments facing revenue losses, and the federal government struggling to bail out segments of the economy, many Americans are suddenly afraid and uncertain of what the future may bring. Many worry if the United States can even recover from this crisis. Will you and your family financially survive and even thrive during this turbulent time? Bankruptcy of Our Nation gives you vital insight, historical and future perspective, revealing how America got into this mess, and how you can make informed decisions to weather this economic crisis. Don't rely on the government to secure your future - empower yourself with sound economic strategies, solutions, and godly principles today!

Chapter 7 Commercial Bankruptcy Strategies provides an authoritative, insiders perspective on best practices for navigating clients through a Chapter 7 liquidation. Featuring partners from some of the nations leading law firms, this book guides the reader through the current commercial bankruptcy climate and explores cases and trends that impact lawyers, debtors, and creditors. From examining the business to considering alternatives to bankruptcy, these top lawyers discuss the issues that must be evaluated before pursuing a Chapter 7 filing. Additionally, these authors reveal strategies for maximizing the value of a company, addressing client concerns, understanding the obligations of trustees, and converting between various bankruptcy options. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this dynamic field.

Though often overlooked, bankruptcy sales can be a real benefit to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so you must understand the lay of the land when looking for a bargain. Purchasing the assets of a business in or out of bankruptcy can offer considerable value at significant discounts. Companies should not rely on acquisitions through bankruptcy to drive strategic growth; however, opportunities for great deals are often presented in the context of bankruptcy sales. Accordingly, companies positioned properly for growth would be wise to look for opportunities in bankruptcy and move quickly if the right assets become available. It is important to discover every fact that is relevant to the pricing of a bankrupt company’s assets. This includes a complete and accurate representation of the corporation’s finances. These documents are most reliable when obtained through the bankruptcy court where they were submitted under oath. Important financial information would include the most current year of profit and loss statements, current and historical balance statements, a complete list of creditors and a schedule of assets and liabilities. Other critical information such as customer lists, sales histories, employees and inventory is also vital to the process of obtaining a clear and exact valuation.