- Are you looking at purchasing all of the assets of another company as a going concern?
- Do you have a struggling competitor you are thinking of acquiring?
- Are you a private fund with a distressed portfolio company you may need to “buy back” through a restructuring?
- Do you understand the pros and cons of the various ways in which a distressed company can be purchased, and the pros and cons of each method?
- Traditional Chapter 11 bankruptcy plan recapitalization
- Traditional Chapter 11 363 purchase
- Subchapter V reorganization or 363 purchase
- From a bankruptcy trustee
- From a receiver
- From an assignee for the benefit of creditors
- Through a UCC Article 9 sale
- In a “naked” asset purchase
- Do you wish to acquire debt in order to execute a “loan to own” strategy?
- Are you adequately apprised of the unique risks in purchasing a distressed company, and how those risks are relatively lower or higher depending on your method of acquisition?
- Would you like to purchase a distressed business but lack a specific target and want to learn how to source such deals?
We Can Help
Sugar Felsenthal’s Restructuring, Insolvency, & Special Situations (“RISS”) attorneys are among the most experienced in the United States.
View our credentials here. View our Team here.
You may benefit from reading the following:
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Rise Of The Alternatives: the increasing use of alternatives to chapter 11 bankruptcy for selling an insolvent business in the United States
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Advertising Section 363 Sales in the Digital Age
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A Comparison Shopping Guide for 363 Sales
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The ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency
For a free consultation, email turnaround@sfgh.com or call any of Jonathan Friedland (312.704.2770), Mark Melickian (312.704.2174), or Jack O’Connor (312.704.2178). All inquiries will be treated with absolute strict confidentiality.
Publications
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05/15/2020
Family Business Magazine publishes article co-authored by Michael Brandess entitled, “Practical Steps You Can Take to Help Your Business Survive COVID-19”
Family Business Magazine publishes article co-authored by Michael Brandess entitled, “Practical Steps You Can Take to Help Your Business Survive COVID-19”
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05/12/2020
Sugar Felsenthal Grais & Helsinger partner Jonathan Friedland published in Private Directors Association May Newsletter
Sugar Felsenthal Grais & Helsinger partner Jonathan Friedland wrote an article for the Private Directors Association entitled “Don't Shoot the Messenger, But Your Company May Be Insolvent. What Do You Do Now?”
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03/20/2020
“You Will Survive! How Your Business Will Survive Coronavirus – a Crisis Management Plan”
Can your business survive? In a word – yes. While most businesses will suffer, and many will fail, yours can survive. SFGH partner Jonathan Friedland and law clerk Kyle Fleck authored “You Will Survive! How Your Business Will Survive Coronavirus – a Crisis Management Plan” to give business owners insight on what they can do, what they should do, today, tomorrow, and next week to best position their businesses to survive during the COVID-19 crisis, and to ultimately thrive when the economy begins to recover.
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03/17/2020
Mark Melickian guides COVID-19 impacted businesses on how to access emergency cash in “Protect Your Business from Coronavirus with a Disaster Assistance Loan”
Has Coronavirus (COVID-19) made it challenging for your business to make payroll, maintain inventory, or pay your creditors? The U.S. Small Business Administration (SBA) will offer low-interest loans to businesses impacted by COVID-19 to help overcome the temporary loss of revenue businesses are facing. SFGH’s Restructuring, Insolvency, and Special Situations (“RISS”) head Mark Melickian advises businesses to jump on these opportunities now in his article “Protect Your Business from Coronavirus with a Disaster Assistance Loan.”
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02/05/2020
SFGH Partner Lisa Vandesteeg authors cover article for the American Bankruptcy Institute Journal entitled, “Technology and Legal Ethics: A User’s Manual (Part I)"
The cover of the February 2020 issue of the American Bankruptcy Institute Journal features an article authored by Lisa Vandesteeg entitled “Technology and Legal Ethics: A User’s Manual (Part I)” – the first in a two-part series discussing the fundamentals of the intersection of cybersecurity and ethics for bankruptcy attorneys. The article in ABI’s February issue discusses the key ethical rules in the realm of technology and data security. The second article, appearing in a later issue, will provide guidance as to the best practices with respect to securing and transferring client data and the necessary steps law firms must take to notify clients in the event of a data breach or loss of client information.
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02/03/2020
SFGH Partner Jack O'Connor named Vice Chair of 2020 TMA NextGen Global Committee
SFGH is proud to announce that Jack O’Connor, a partner in the firm’s Restructuring, Insolvency, Special Situations, & Corporate Distress Group has been named Vice Chair for the Turnaround Management Association’s Global NextGen Committee for 2020.
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09/24/2019
Brewbound Voices: Understanding Your Options in a Distressed Market — Alternatives to Filing for Bankruptcy
SFGH attorney Jack O’Connor recently authored an article for Brewbound, a leading beer industry trade publication, regarding alternatives to bankruptcy filings in a mature beer marketplace. The article, published in the “Brewbound Voices” column on the site, discusses specific strategies and alternatives for breweries in distress, citing recent examples of breweries opting not to file bankruptcy, and work to wind down their operations or otherwise continue their businesses by alternative means. The article provides an overview of asset sales, assignments for the benefit of creditors, receiverships, as well as other bankruptcy alternatives.
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08/27/2019
Jonathan Friedland and Hajar Jouglaf author article entitled “Bankruptcy Code Revised – A Review of the SBRA and Other Reforms”
Jonathan Friedland and Hajar Jouglaf authored an article reviewing the most recent changes made to the Bankruptcy Code. The article, entitled “Bankruptcy Code Revised – A Review of the SBRA and Other Reforms,” provides insight into key provisions of the Small Business Reorganization Act of 2019 (“SBRA”) and high-level overview of The Family Farmer Relief Act of 2019 (“FFRA”) and The Honoring American Veterans in Extreme Need Act of 2019 (the “HAVEN Act”).
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08/19/2019
Sugar Felsenthal Grais & Helsinger partner Jonathan Friedland quoted in article titled “How to Choose the Best Professional Associations to Join”
With many career benefits to joining a professional association and a nearly unlimited network of professionals to tap into, how do you choose which organization is the best fit for you? SFGH partner Jonathan Friedland was recently quoted in the article “How to Choose the Best Professional Associations to Join,” published in Point Road Group Insider.
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06/20/2019
SFGH partner Elizabeth “Lisa” Vandesteeg quoted in article titled “Litigation Funders Become the Litigants as Industry Grows”
Sugar Felsenthal Grais & Helsinger partner Lisa Vandesteeg was recently quoted in the American Lawyer Magazine for the article "Litigation Funders Become the Litigants as Industry Grows." In this article, Lisa Vandesteeg provided commentary on recent litigation over its permitted use.
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06/19/2019
Jonathan Friedland’s article entitled "Rise of the Alternatives" published in BankruptcyData's 2019 Bankruptcy Yearbook, Almanac & Directory
Sugar Felsenthal Grais & Helsinger partner Jonathan Friedland recently authored the article "Rise of the Alternatives" in BankruptcyData's 2019 Bankruptcy Yearbook, Almanac & Directory.
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05/23/2019
Sugar Felsenthal Grais & Helsinger partner Jonathan Friedland published in Private Directors Association May Newsletter – “What to Do When You're a Corporate Director of a Private Company Facing a Financial Crisis”
Sugar Felsenthal Grais & Helsinger partner Jonathan Friedland wrote an article for the Private Directors Association entitled “What to Do When You're a Corporate Director of a Private Company Facing a Financial Crisis.” In this article, Jonathan discusses the actions you should consider when a company whose board you sit on is facing an existential threat.
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04/10/2019
SFGH partner Michael A. Brandess published in Northern District of Illinois Bankruptcy Liaison Committee Newsletter
SFGH partner Michael A. Brandess was published in the Northern District of Illinois Bankruptcy Liaison Committee Newsletter for his article entitled "Bankruptcy Liaison Questionnaire."
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01/18/2018
On January 18, 2018, SFGH associate Jack O’Connor was quoted in an article published by Brewbound.
On January 18, 2018, SFGH associate Jack O’Connor was quoted in an article published by Brewbound, a beer industry publication, regarding the bank auction of Smuttynose Brewery, scheduled to take place in March 2018. Jack was cited for his experience as a corporate restructuring professional with a specific interest in, and knowledge of, the craft beverage industry.
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02/28/2017
Jonathan Friedland and Lisa Vandesteeg author 2017 edition of "Commercial Bankruptcy Litigation, 2d".
Sugar Felsenthal Grais & Hammer LLP is pleased to congratulate Jonathan Friedland and Elizabeth Vandesteeg on the publication of the 2017 edition of "Commercial Bankruptcy Litigation, 2d". Friedland is the book’s creator and editor in chief and Vandesteeg, is one if its managing editors.
One of West Publishing’s best-selling titles since 2009, and weighing in at more than 1,600 pages, Commercial Bankruptcy Litigation is the result of an effort of more than 50 restructuring professionals, including partners from more than 20 distinguished firms.
- 04/23/2012
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11/01/2010
Velocity Investments: A Game-Changer for Debt Collection Litigation?
David Madden discusses the impact of an Illinois appellate court decision on credit card collection litigation.
- 09/10/2008
- 06/01/2007
- 04/01/2007
- 01/25/2007
- 12/01/2005
- 04/01/2005
Speaking Engagements
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02/10/2021
Jonathan Friedland to moderate “How to Read a Balance Sheet – And Why You Care!" as part of West LegalEdcenter’s 2021 webinar series “MBA BOOT CAMP”
Jonathan Friedland to moderate “How to Read a Balance Sheet – And Why You Care!" as part of West LegalEdcenter’s 2021 webinar series “MBA BOOT CAMP."
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10/27/2020
Financial Poise/West LegalEdcenter webinar "Dealing with Defaults” features SFGH partner Christopher Horvay and associate Hajar Jouglaf
Financial Poise/West LegalEdcenter webinar "Dealing with Defaults” features SFGH partner Christopher Horvay and associate Hajar Jouglaf.
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10/26/2020
Jonathan Friedland to speak at NYIC & IFA Northeast/Southeast Joint Program
Jonathan Friedland to speak at NYIC & IFA Northeast/Southeast Joint Program.
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10/08/2020
SFGH partner Jonathan Friedland to feature on "Restructuring, Insolvency, & Troubled Companies 2020: Bad Debtor Owes Me Money!”
SFGH partner Jonathan Friedland to feature on "Restructuring, Insolvency, & Troubled Companies 2020: Bad Debtor Owes Me Money!”
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05/20/2020
Jonathan Friedland and Michael Brandess to speak at June 23rd virtual symposium entitled “Opportunity Amidst Crisis”
On June 23, 2020, Sugar Felsenthal Grais & Helsinger LLP partners Jonathan Friedland and Michael Brandess will speak at a virtual symposium co-produced by Financial Poise, the Private Directors Association, the New York Institute of Credit, the Association of Insolvency and Restructuring Advisors, amongst others.
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05/11/2020
Michael Brandess to speak on NACM webinar entitled “Putting Yourself in a Defensive Posture When the Bankruptcy Notice Comes”
Michael Brandess to speak on NACM webinar entitled “Putting Yourself in a Defensive Posture When the Bankruptcy Notice Comes”
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05/06/2020
Jonathan Friedland offers insight on best practices for private equity investors looking to invest in distressed assets in “How to Buy Distressed Assets in Financial Restructurings”
On May 21, 2020, renowned corporate restructuring attorney, Jonathan Friedland, will join a panel of seasoned experts in a webinar discussion designed to teach the latest strategies for acquiring distressed assets, financing their purchase, and getting them on the road to recovery.
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04/02/2020
Lisa Vandesteeg to speak on TMA Panel on Market Impacts of COVID-19
On April 6, 2020, Lisa Vandesteeg will serve on a panel of industry experts who will discuss their observations regarding the market impacts of COVID-19. Lisa will provide insight into what further developments might come to fruition over the next few quarters.
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05/07/2018
SFGH partner Jonathan Friedland was a member of a panel titled “Alternatives to Bankruptcy,” at the TMA MidAmerica Regional Conference.
On April 17, 2018, SFGH partner Jonathan Friedland was a member of the “Alternatives to Bankruptcy” panel at the TMA MidAmerica Regional Conference.
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11/19/2004
The Troubled Loan Workout Process: The Late Stages
Christopher J. Horvay developed and led a case study workshop devoted to negotiation skills and understanding the strategic considerations in retail chapter 11 cases.
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02/25/2004
The Troubled Loan Workout Process: The Early Stages
Christopher J. Horvay moderated a panel pertaining to restructuring negotiations and co-led a workshop that incorporated the lessons gleaned from the panel into practical strategies for the participants.
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02/05/2002
Bankruptcy: A Creditor's Perspective in Illinois
Christopher J. Horvay planned and led a panel of distinguished Chicago-area bankruptcy practitioners and delivered remarks pertaining to the typical chapter 11 case in Illinois.
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10/01/1998
Show Me the Money: Funding Turnarounds
Christopher J. Horvay moderated a panel at the Tenth Annual TMA Conference held at the Westin Chicago where panelists discussed alternative funding sources for reorganization scenarios in chapter 11 cases.
News
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02/17/2021
Sugar Felsenthal Grais & Helsinger LLP Attorneys Author Thomson Reuters© Lead Bankruptcy & Restructuring Treatises
Sugar Felsenthal Grais & Helsinger LLP ("Sugar Felsenthal") congratulates Jonathan Friedland, Michael Brandess, Christopher Cahill, Etahn Cohen, Hajar Jouglaf, Mark Melickian, and Jack O'Connor on the publication of the 2021 editions of Commercial Bankruptcy Litigation and Strategic Alternatives For And Against Distressed Businesses.
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02/03/2021
Michael Brandess Appointed President-Elect of Turnaround Management Association (Chicago/Midwest Chapter)
Michael Brandess will serve as 2021 President-Elect of the Turnaround Management Association (TMA) (Chicago / Midwest Chapter), and will serve as Chapter President in 2022. TMA has almost 10,000 members in 54 chapters worldwide, with the Chicago / Midwest being its largest chapter. Members come from a multitude of professional disciplines. TMA is considered one of the preeminent organizations in the corporate turnaround and restructuring space.
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08/19/2020
SFGH partner Jonathan P. Friedland quoted in BloombergQuint
SFGH partner Jonathan P. Friedland quoted in BloombergQuint.
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In re Chellino Crane, Inc. (Bankr. N.D. Ill.). SFGH represented one of the Midwest’s largest providers of industrial cranes in its chapter 11 liquidation sale to a larger competitor.
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In re Central Iowa Hospital (Bankr. S.D. Iowa). SFGH served as special healthcare reorganization counsel to the Debtor, a hospital and clinic system serving four Iowa counties, in its successful chapter 11 case resulting in a sale of the hospital and clinic system as a going concern to a large not for profit health care system.
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In re GEM Hospitality, Inc., et al (Bankr. C.D. Ill.). SFGH serves as primary bankruptcy counsel to the Debtors who own and operate the historic Pere Marquette Hotel and related hotel and commercial properties in Peoria, Illinois.
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In re Agri-Fine, Inc. (Bankr. N.D. Ill.). SFGH served as lead bankruptcy counsel to this Chicago-based manufacturer of agricultural food products in its chapter 11 case.
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In re Montgomery Ward (Bankr. D. Del.). One of our attorneys served on the team representing Montgomery Ward, one of the nation's landmark retailers, in its liquidating chapter 11 case, resulting in the sale of substantially all of the company's real estate holdings to developers and investors and the liquidation of its other assets to satisfy creditor claims.
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In re Tokheim Corporation (Bankr. D. Del.). One of our attorneys served on the team representing the debtors, a $1 billion manufacturer of retail petroleum distribution devices and related products, in their pre-packaged chapter 11 cases.
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In re Mangia Mangia, Inc. (Bankr. N.D. Ill.). One of our attorneys served as bankruptcy counsel to a family owned restaurant and catering business in suburban Chicago, on all aspects of its chapter 11 case before the U.S. Bankruptcy Court for the Northern District of Illinois (Judge Eugene Wedoff).
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In re Ben Franklin Stores (Bankr. N.D. Ill.). One of our attorneys was lead bankruptcy counsel to one of the nation’s oldest national retain chains in its initial restructuring and ultimate liquidation through chapter 11.