Our Services
PRE-INSOLVENCY GUIDANCE
Know Your Options
When fiduciary obligations are unclear, or the impact on employees and officers is uncertain, or the priority of liabilities is in question: what’s the right move? Or maybe the path forward is visible, but expert guidance is still essential.
Resolution can clarify your obligations and protect your stakeholders.
- Determining which liabilities are the most important to pay
- Managing the impact on employees, officers, and directors
- Solving for fiduciary obligations
Bankruptcy is sometimes, but not always, the right tool. Resolution’s team includes credentialed professionals who have been cited as experts in federal bankruptcy court and who work with bankruptcy counsel to navigate this complicated process.
In many cases, acting before insolvency becomes formal preserves the most options. Early engagement allows for more flexibility, lower cost, and ultimately greater value preservation. Waiting too long can eliminate alternatives entirely.
Fiduciary Representation
Fiduciary Services
Whether or not an insolvency situation exists, there is often a role for a third-party fiduciary.
Directors may want to resign. There may be no one willing to remain in place for the months or years required to properly close a company and distribute the remaining assets to creditors or shareholders. Resolution can fill those roles and address:
- Vacant Directorships (foreign and domestic)
- Creation and administration of Liquidating Trusts
- Successor Trustees under ERISA for 401(k) plan closure and compliance
- Remediation of hazardous materials at company facilities
- Preparation of final income tax returns
- Return of leased equipment to lessors
- Storage of books & records
Value Preservation
Asset Monetization
Most wind downs require an asset monetization process. Value may still exist even if the business cannot continue as a going concern.
Resolution can help you evaluate your prospects for recovery.
At times, an entire operation could be sold as a going concern in a spin-off, an acqui-hire, a restart or as a turnaround/settlement. Insolvency processes can often provide the basis for such a fresh start.
Sources for recovery may include machinery & equipment, inventory, accounts receivable, and intellectual property.
Resolution specializes in esoteric assets generally classified as Intellectual Property. Patents, trademarks, domain names, customer lists, software, designs, databases, and SOPs are core assets that should be marketed properly, to the proper audience, under the proper terms, and at the proper speed.
Resolution will employ the correct methods, retain the appropriate vendors, and move rapidly to turn assets into cash before delays and the loss of key personnel cause that value to evaporate.
Value Recovery
Exercising Lender Rights
When it comes time to exercise your rights, lenders need a fiduciary agent. It’s a delicate process, recovering your investment without degrading the collateral, worsening the situation, or inadvertently incurring liabilities.
Resolution can help you to exercise your rights.
Receivership: It is sometimes necessary to place someone else in charge when a borrower is unable or unwilling to behave properly. As a company advisor, or as a court-appointed Receiver, Resolution can provide the leadership, supervision, communication, translation, reporting, feedback, and the sense of control lenders require.
Voluntarily Liquidate: In other situations, a lender may encourage a borrower to voluntarily liquidate under the guidance of a professional insolvency firm. Here the lender need not engage Resolution directly, but we would work cooperatively with the company and its advisors to engineer as soft a landing as possible, with the lender being the primary party-in-interest.
Foreclosure: In extreme situations, lenders must foreclose with or without the cooperation of the borrower. The collateral must be recovered and monetized. Adherence to the rules of foreclosures as laid out in Article 9 of the Uniform Commercial Code is key, and will determine if the foreclosure will survive the inevitable challenges by disaffected creditors (or the borrower itself). The Resolution Team has successfully overcome such challenges by demonstrating best practices and compliance with the rules.
Navigate Through Financial Challenges. We're Here to Guide You.
Facing financial distress? Our experienced team at Resolution Financial Advisors can help. Contact us today to discuss your situation and discover how our specialized services can lead your business towards a successful outcome. Simply fill out the form below, and a member of our team will be in touch shortly.