Debtor Advisory

Experienced advisors to plot the best course.

Going through bankruptcy is a difficult journey and you don’t want to go it alone. Having ESBA’s experienced advisors on your side can be the key to a successful reorganization. With hundreds of cases in their portfolios, our professionals know the many complexities that can arise in insolvency and bankruptcy cases, and how to achieve optimal resolution in intricate situations. We offer the full range of advisory services to debtors both inside and outside of bankruptcy, quickly assessing the options available, determining the best course of action, and then leading you through.

Our services

We can work in the role of financial advisor or Chief Restructuring Officer to the Debtor to guide management through the financial and operational aspects of a Chapter 11 case. In connection with a bankruptcy filing, ESBA assists companies in effectively planning for and managing through the process. Often, this begins with an assessment of the company’s current situation and progresses to the identification of strategic options and tactics.

In this effort, we work with clients in:

  • Its discussions with its current lenders, who may be candidates for providing DIP financing, as well as discussions with other prospective DIP lenders
  • The preparation and review of the related financial projections and other supporting documents
  • Reviewing term sheets, and negotiating and closing the financing
  • Assisting the company in its preparation for a Chapter 11 filing, including assistance with preparation of support for the basis for the filing, various motions such as first day filings and for control of cash collateral, arranging DIP financing, and other tasks as may be necessary to provide for an orderly filing

As the Chapter 11 filing process moves forward, we work closely with management and the company’s other advisors addressing a multitude of areas. We assist in:

  • Reviewing the company’s current short-term liquidity projections and assisting management in modifying and updating such projections based upon current information, ESBA’s observations and other information as it becomes available
  • The development and preparation of an operating plan and cash flow projections, as well as the presentation of such plans to the board of directors and the company’s creditors
  • The preparation of reports and communications with the company’s lenders and other constituencies
  • Preparation and review of the various reporting requirements of the court during the Chapter 11 proceedings, including the Statement of Financial Affairs and Schedules, the Initial Reporting Requirements and Monthly Operating Reports
  • Addressing issues and in discussions with lenders in connection with maintaining ongoing financing of the company’s operations
  • The development, evaluation, negotiation, drafting and execution of any potential plan of reorganization or restructuring transaction
  • Preparing the Disclosure Statement
  • Negotiations with lenders, creditors, and other parties-in-interest regarding any potential plan of reorganization or restructuring transaction
  • Obtaining exit financing
  • Advising on the feasibility of a Section 363 sale and its processes
  • Providing testimony at any hearings that constitute part of the process, including, without limitation, financial matters relating to a plan or plans of reorganization, the feasibility of such reorganization plans and the valuation attributed to the entities

Related Transactions

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