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ABCs As an Alternative to Bankruptcy for Implementing Distressed Transactions
Companies suffering financial distress frequently reach a crossroads where they need to either implement some type of transaction or will be forced to liquidate. Among the transaction vehicles that may be considered include out-of-court restructuring, an assignment for the benefit of creditors (ABC), foreclosure, Chapter 11 bankruptcy reorganization, or Chapter 7 bankruptcy liquidation. In developing a plan for moving forward, management should evaluate and determine, with appropriate input from outside experts, feasible alternatives.
Considerations include whether the business needs a balance sheet restructuring (deleveraging debt), an operational reorganization (eliminating certain locations and/or reducing or terminating parts of the business), and/or the use of a sale or merger process to clean the slate. Even if the business is no longer viable standing on its own, is it still attractive (at least in part) to a potential acquirer or joint venture partner?
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“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.