Organization/Processes in Bankruptcy Situations
To those who work in distressed: can you please share your process for organizing and synthesizing information in bankruptcy scenarios? For example, I can't imagine you read through every single word that comes through the docket, so what specifically do you keep your eye out for (or do you just have legal counsel summarize these things)? Do you create timelines of events? How do you keep track of other players? How do you organize the flurry of legal information (or deal with the dearth of financial information when the company in question keeps extending the report filing deadline)?
Notwithstanding the fairly broad questions above, I'm really looking for precise and practical tips, such as "first I create folders a b and c then save down documents x y and z then scan through looking for.. etc"
I would appreciate hearing any guidance here.
Bump?
I think its pretty difficult to summarize a one size fits all approach because each BK will have different circumstances, parties, and incentives in addition to ones' own positioning thus influencing various cares / don't cares through the process.
Some generalities: Subscribe to the docket so you're notified real time of new items, best filtered into its own rules based sub-folder in your email. A lot of important items can be identified just by reading the docket headlines. Take note of any / all cash collateral / dip financing motions, bidding procedures, court dates, etc. Make sure you known what the milestone dates or events are. Save down the first day declaration and give a read. You will be able to see the cash flow budgets attached to CC / DIP motions, but unless directly involved in the case won't get weekly variance reporting. Monthly operating reports are good to track but there is a time lag. Keep a spreadsheet of FAs, counsel, bankers for debtors, UCC, DIP parties, pre-petition parties as applicable with names, phone numbers, and emails. Applications for advisor / counsel payments are interesting because there is usually an itemized reconciliation in the back, and if you're lucky some analyst will spill the beans on what they're working on in the item description. Objections / emergency motions are important keep track of as well as subsequent hearing dates. It is worth dialing in to hearings to listen in real time to decisions, but most just wait for the Reorg summary to come out. Obviously disclosure statements and PORs should be read and try to track the various sources / uses of a plan through each party.
But like I said, its very hard to give you a one size fits all approach and I think the above is generally applicable to everyone in a case. You should keep a built out cap structure for reference and get an idea of each creditors' incentives and goals which should inform some expectations for how a case will play out.
Happy to answer any other direct questions
To piggyback what Associate-2 said,
Every BK case is unique (although lots of similarities in regards to the overall court process) and in my experience we do rely heavily on our legal counsel to summarize things and keeps us updated. But the job gets somewhat easier when you intentionally trying to force a company into Chapter 11 Bankruptcy or your Nation's equivalent, since you most likely has already mapped out the whole creditor (secured, unsecured, and preferred) landscape and you already approached a majority of them to secure whatever restructuring efforts and outcome that benefit you or your portco the most.
Lots of legal docs but i usually only pay extra attention to restructuring agreement, facility agreement, collateral and or fiduciary agreements.
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