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In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines and Te×aco, the author 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.
A careful analysis of the fundamentals of bankruptcy law.
Corporate bankruptcy is becoming an increasingly important topic in today’s turbulent environment. The bankruptcy decision can be a matter of life and death for the organization dealing with distress, but the impact of the phenomenon is magnified by the variety of business relationships in which companies typically are involved. If you are considering or need to know more about bankruptcy, this book will help you through all the important steps. Since bankruptcy affects customers, supply chain or network partners, managerial and non-managerial employees, landlords, and others, understanding the bankruptcy process can facilitate best-practice development and the protection of the organization’s interests both before and after a bankruptcy petition. This book does not attempt to provide advice; each case is unique and should be addressed by competent legal counsel. Rather, you’ll be provided with an overview of the fundamental principles and processes of both Chapter 11 reorganizations and Chapter 7 liquidations, incorporating examples drawn from relevant legal decisions, research findings, and common experience to highlight the issues involved and provide a basis for discussion. The author also includes details on a number of special topic areas, including small business bankruptcies, governance issues, contractual agreements and obligations such as franchising and collective bargaining agreements, and newly emerging issues surrounding the use of derivatives.
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.
The thousands of mergers, acquisitions, and start-ups that have characterized the past ten years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Bankruptcy and Insolvency Taxation, Third Edition provides the answers to the questions financial managers will have on the tax aspects of the "bankruptcy strategy."
An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.
A comprehensive look at the enormous growth and evolution of distressed debt markets, corporate bankruptcy, and credit risk models This Fourth Edition of the most authoritative finance book on the topic updates and expands its discussion of financial distress and bankruptcy, as well as the related topics dealing with leveraged finance, high-yield, and distressed debt markets. It offers state-of-the-art analysis and research on U.S. and international restructurings, applications of distress prediction models in financial and managerial markets, bankruptcy costs, restructuring outcomes, and more.
A practical approach to business transformation Fit for Growth* is a unique approach to business transformation that explicitly connects growth strategy with cost management and organization restructuring. Drawing on 70-plus years of strategy consulting experience and in-depth research, the experts at PwC’s Strategy& lay out a winning framework that helps CEOs and senior executives transform their organizations for sustainable, profitable growth. This approach gives structure to strategy while promoting lasting change. Examples from Strategy&’s hundreds of clients illustrate successful transformation on the ground, and illuminate how senior and middle managers are able to take ownership and even thrive during difficult periods of transition. Throughout the Fit for Growth process, the focus is on maintaining consistent high-value performance while enabling fundamental change. Strategy& has helped major clients around the globe achieve significant and sustained results with its research-backed approach to restructuring and cost reduction. This book provides practical guidance for leveraging that expertise to make the choices that allow companies to: Achieve growth while reducing costs Manage transformation and transition productively Create lasting competitive advantage Deliver reliable, high-value performance Sustainable success is founded on efficiency and high performance. Companies are always looking to do more with less, but their efforts often work against them in the long run. Total business transformation requires total buy-in, and it entails a series of decisions that must not be made lightly. The Fit for Growth approach provides a clear strategy and practical framework for growth-oriented change, with expert guidance on getting it right. *Fit for Growth is a registered service mark of PwC Strategy& Inc. in the United States
Higher education must implement new ways of achieving social justice and performing the business of education to survive the impending shakeout stemming from increasing competition for enrollment, operating costs, and price sensitivity plus decreasing state aid, net tuition, endowment income, and college-bound high school graduates. Universities that survive the shakeout will achieve financial sustainability, educational excellence, and social justice while providing equal educational opportunity and resource equity by implementing the book’s best practices, strategies, and holistic budgeting model.
An expert in business turnaround shares his inspiring approach to problem-solving: “A fascinating read” (Mitt Romney). Visionary leader Greg Brenneman believes that true business success and personal fulfillment are two sides of the same coin. The techniques that will grow your business will also help you achieve a rich, purposeful, and integrated life. Here, Brenneman takes what he’s learned from turning around or tuning up many businesses—including Continental Airlines and Burger King—and distills it into a simple, clear, five-step roadmap that anyone can follow. He teaches you how to: *prepare a succinct Go Forward plan *build a fortress balance sheet *grow your sales and profits *choose all-star servant leaders *empower your team For more than thirty years, Brenneman has seen these steps foster dramatic results in a variety of business environments. But he also came to realize that he could apply these same principles to improve his life and build a lasting moral legacy. He found he could make better decisions by carefully taking the most important facets of his life—faith, family, friendship, fitness, and finance—into consideration. Brenneman’s inspiring examples, from both his business and his life, demonstrate the astounding effects these steps can have when you apply them—right away and all at once.