Categories
Brandon Blog Post

SMILEDIRECTCLUB SHOCKING CHAPTER 11 BANKRUPTCY: THE IMPACT OF ONLINE-ONLY MODELS VS BRICK-AND-MORTAR RETAILERS

SmileDirectClub introduction

“It’s clear the debtor needs this cash…”

– US Bankruptcy Judge Christopher Lopez, in approving the company’s request to borrow $20 million from its founders.

SmileDirectClub, an entity venturing into the realm of dental aesthetics, is an inventive and convenient avenue for the realignment of teeth. Established in the year 2014, the corporation has orchestrated a profound metamorphosis within the sphere of orthodontics, extending clear dental aligners directly to consumers via a digital conduit. Accumulating over a million contented customers, SmileDirectClub propounds an affordable and readily accessible alternative to the conventional metal braces and face-to-face consultations that have traditionally typified the orthodontic marketplace.

The marriage of their avant-garde technological prowess and the execution of treatment protocols from remote vantage points has elicited considerable resonance. This bespoke approach has elicited resounding acclaim and garnered favour amongst a diverse clientele. Committed to ensuring the contentment of their customers, their overarching mission revolves around democratizing the realm of orthodontic care, rendering it more within the reach of all.

Nevertheless, SmileDirectClub presently grapples with a quagmire steeped in legal and fiscal problems. It finds itself entangled in a myriad of legal complications, confronted by legal suits emanating from orthodontic practitioners and dental associations, amongst other allegations that include making unfounded promises. That and the turbulence in its fiscal standing changed its position from a risk of bankruptcy to the filing for Chapter 11 bankruptcy protection on September 29, 2023.

In this Brandon’s Blog, I engage in a comprehensive discussion I look at the problems ensnaring SmileDirectClub. Notably, I navigate through the intricate terrain of issues that, while not directly tethered to the ongoing litigation, cast a pall of uncertainty upon their operational model. These issues, I believe, are relevant for all enterprises, irrespective of whether they subsist exclusively in the digital world, operate with brick-and-mortar stores, or straddle the hybrid interface between these two realms.

Importance of the SmileDirectClub news

The news regarding SmileDirectClub‘s recent bankruptcy declaration and the looming prospect of liquidation, should a speedy buyer fail to materialize, holds immense significance. In days gone by, SmileDirectClub had garnered the reputation of a market disruptor within the dental domain, proffering in-home dental alignment solutions at a mere fraction of the conventional orthodontic treatment costs. Nevertheless, the company has found itself entangled in numerous operational dilemmas, thereby culminating in this rather lamentable predicament.

This piece of news assumes paramount importance because its repercussions transcend beyond just the purview of SmileDirectClub‘s workforce, investors, and suppliers. It concurrently begets inquiries regarding the sustainability of the direct-to-consumer healthcare paradigm. The outcome ensuing from this insolvency declaration shall indeed cast a profound and far-reaching influence, resonating not only with the company itself but the entire industry at large.A split image showcasing the contrast between online shopping and traditional brick-and-mortar retail, with a focus on a bright white straight teeth logo on the storefront. The online shopping side is full of sleek, modern technology and minimalistic design elements, while the brick-and-mortar side is bustling with people and colorful storefronts. The teeth logo stands out against the busy backdrop, representing the importance of a confident smile in both shopping experiences. The overall tone is bold and eye-catching, with a mix of digital and traditional art techniques.

Indeed, SmileDirectClub stands as a true pioneer within the orthodontic teeth straightening service market, having carved an extraordinary path since its inception. Established back in 2014, the company embarked on a mission to revolutionize the conventional braces market, proffering the SmileDirectClub Aligners, being a more convenient customer journey for straighter teeth and a cost-effective alternative for teeth alignment. Their innovative smile journey approach hinged upon harnessing technology and directly delivering transparent custom aligners to customers via a digital platform, obviating the necessity for in-person visits to orthodontic specialists in their quest for a smile transformation.

Armed with this disruptive business model and a slew of astute marketing maneuvers, SmileDirectClub swiftly captured widespread attention and gained rapid momentum. It sprawled across the United States, establishing an array of SmileShops, and even ventured into broader markets on the international stage. However, the company now grapples with a disheartening predicament, propelled toward filing for bankruptcy protection by recent challenges.

SmileDirectClub‘s ascendancy within the market was marked by its offering potential customers a unique customer experience for their at-home teeth straightening solutions at prices within reach of many. By introducing this innovative concept, SmileDirectClub amassed a substantial customer base, skillfully tapping into the burgeoning demand for orthodontic treatments sans the customary in-person appointments. This groundbreaking business model propelled SmileDirectClub into boldly challenging the established order and reshaping orthodontic care.

Nonetheless, the company has since been entangled in a web of legal skirmishes and controversies, casting a long shadow over its present financial predicament. A deluge of lawsuits from dental boards and orthodontic practitioners has inundated SmileDirectClub, with allegations of being an unauthorized dental care practice providing dental services and oral care products, hanging ominously over its head.

These legal entanglements, apart from draining financial resources, have cast a pall of disrepute over the company. Furthermore, debates concerning the safety and efficacy of SmileDirectClub‘s products have sullied its reputation even further. These legal imbroglios and controversies have profoundly stifled SmileDirectClub‘s capacity to flourish and thrive within the market, ultimately culminating in its regrettable descent into Chapter 11 bankruptcy protection.

What is a Chapter 11 bankruptcy filing like the one done by SmileDirectClub?

A corporate bankruptcy reorganization under Chapter 11 of the United States Bankruptcy Code, commonly referred to as a Chapter 11 filing, is a legally binding process employed by a company to solicit protection from its creditors as it undertakes the restructuring of its debts and operations. This process is open to companies, enabling them to continue their operations while devising a plan to pay off their debts and regain profitability.

Through a Chapter 11 filing, companies can negotiate contracts, terminate unprofitable ventures, and reduce their debt. Furthermore, this mechanism empowers the appointment of a trustee to supervise the reorganization process and guarantee impartial treatment of creditors. Ultimately, a Chapter 11 filing represents a nuanced and strategic decision taken by companies in financial distress to recover stability and ensure long-term viability.

In Canada, we have the same kind of legislation. It is the debt settlement proposal proceedings found in Part III Division I of the Bankruptcy and Insolvency Act (Canada).

SmileDirectClub has announced that if it does not find a suitable buyer soon, it will have to liquidate its business and cease operations.A split image showcasing the contrast between online shopping and traditional brick-and-mortar retail, with a focus on a bright white straight teeth logo on the storefront. The online shopping side is full of sleek, modern technology and minimalistic design elements, while the brick-and-mortar side is bustling with people and colorful storefronts. The teeth logo stands out against the busy backdrop, representing the importance of a confident smile in both shopping experiences. The overall tone is bold and eye-catching, with a mix of digital and traditional art techniques.

Retail issues highlighted by the SmileDirectClub experience

Interaction with a physical product

The importance of physical interaction in the realm of product shopping is undeniable. When it comes to certain items, relying solely on brand names and model numbers for evaluation falls short. The ability to touch, feel, and test these products before purchase is essential. While online shopping offers convenience, it simply cannot supplant the tactile engagement that physical interaction provides.

This holds particularly true for brick-and-mortar stores specializing in high-end furniture. Despite the convenience of online alternatives, these establishments not only survive but thrive, drawing customers who appreciate the significance of seeing and experiencing furniture in person. It’s abundantly clear that the value of physical interaction with products remains irreplaceable.

Recognizing the pivotal role of physical engagement, direct-to-consumer brands like Warby Parker and Third Love have adopted a hybrid approach by incorporating physical retail spaces into their business models. This strategic move enables customers to try on eyeglasses and lingerie before committing to a purchase. It underscores their comprehension of the enduring worth of the in-store experience.

The power of touch and feel

Certainly, there is an undeniable excitement that comes to consumers from physically interacting with and carefully examining potential purchases. This experience instills a strong sense of confidence, assuring that the product aligns perfectly with our expectations and needs. Moreover, it has the potential to foster a deeper connection with the brand itself, especially for items that heavily rely on sensory experiences like furniture, clothing, home decor and personal health items.

SmileDirectClub extends an offering of transparent aligners, providing an unconventional choice when compared to the traditional orthodontic method of braces. It presents a more economically viable and convenient avenue for the alignment of one’s teeth. Let’s delve into the intricacies of this process:

Evaluation

Interested individuals embark on their Smile for Life journey by engaging in a complimentary online assessment, aimed at ascertaining their candidacy for SmileDirectClub‘s aligner therapy treatment.

Aligner Treatment Plans

The dental team embarks upon the intricate task of crafting a tailored treatment scheme, meticulously derived from a three-dimensional portrayal of the patient’s dental structure. This lifelike depiction can either be procured through an on-site scan at a SmileShop or by utilizing an at-home kit to meticulously generate impressions.

Custom Treatment Plans and Aligners

Subsequently, the intricate process of crafting customized aligners commences, with all the aligners being produced and dispatched in one comprehensive shipment, entirely negating the necessity for regular office appointments. Oversight of the treatment unfolds remotely, overseen by a duly licensed dentist or orthodontist, who engages in a series of virtual check-ins throughout the patient’s journey.

Whitening Kits

As an added perk, SmileDirectClub generously incorporates a premium teeth whitening kit with lip balm as an integral component of their offering, with discernible results manifesting in as little as a week.

Sustaining the Transformation

Upon the completion of the treatment regimen, patients are afforded the opportunity to procure retainers, essential for the preservation of their newfound radiant smile. These retentive devices are judiciously worn exclusively during the nighttime hours.

It is hard to imagine being able to feel comfortable with and having all your questions answered for this innovation in healthcare products without being able to get customized customer service with only an online portal. SmileDirectClub must have felt that its online-only business model was lacking as they eventually tried to up their smile game by opening up SmileShops; physical locations. They were hoping that by stepping foot into a physical store and immersing themselves in the in-person smile-for-life shopping experience, consumers would eliminate the element of chance and be empowered to make a wise and well-informed decision in purchasing their teeth alignment product.

The role of product visualization

When engaging in the act of shopping, there exists an undeniable and unique allure associated with venturing into a traditional brick-and-mortar establishment. Such an endeavour unfolds as a sensory-rich treasure hunt, a distinctive experience that stands apart from its digital counterpart in the realm of online shopping. While the undeniable convenience offered by e-commerce transactions remains unchallenged, it regrettably falters in conveying the authentic essence of a product, especially something you are going to put into your mouth!

Photographs and textual descriptions, while serviceable to some extent, ultimately fall short of encapsulating the full breadth of sensory delights or gauging the product’s seamless alignment with one’s unique requisites. It is this very deficiency that imparts a special reverence to physical retail outlets among a significant cohort of shoppers, particularly those who belong to the older demographic stratum. These brick-and-mortar establishments afford them the golden opportunity to meticulously scrutinize the multifaceted attributes of a product, dissecting how harmoniously it integrates into the tapestry of their lives.

The sheer delight stemming from hands-on exploration and interaction with these items cannot be overstated. By opting for the in-person shopping odyssey, one emerges endowed with the ability to make judicious, well-informed decisions, leaving with the reassuring certitude that their chosen acquisition aligns with their desires and aspirations. This immersion in the realm of tactile sensations bestows upon the senses an abundance of gratitude, a token of appreciation for the palpable magic of touch and feel.

The role of personal assistance

Traditional brick-and-mortar establishments offer a distinct advantage with personalized additional assistance. Patrons can lean upon the expertise of well-informed sales associates who stand ready to engage, extending tailored guidance and recommendations aligned precisely with their idiosyncratic requirements and preferences. This reservoir of knowledge undoubtedly elevates the shopping encounter, be it through sage counsel on skincare regimens or the quest for that perfect pair of sunglasses.

The individualized approach characteristic of brick-and-mortar stores also ushers forth a more streamlined and convenient shopping experience. Sales associates adeptly pick up on the contours of a customer’s desires and can proffer apropos suggestions, facilitating an expedition that is both seamless and pleasurable. Such a degree of tailored service proves challenging, if not impossible, to replicate within the digital realms of online shopping.

While online retail undeniably champions convenience and efficiency, it behooves us to remain cognizant of the enduring significance of physical interaction in the realm of commerce. Consequently, brick-and-mortar stores persist in delivering a different experience that remains singular, indispensable, and intimately connected to the human experience.

SmileDirectClub: The importance of in-person consultations and treatment supervision

SmileDirectClub‘s core mission revolves around the noble aim of democratizing access to top-tier oral healthcare. The company achieves this by offering cost-effective and convenient solutions for teeth alignment, thereby bestowing countless individuals without the means to afford the cost of braces, to still be able to realize the smiles they’ve long yearned for. Nevertheless, the conspicuous absence of personalized support could feasibly be one of the pivotal factors that limited the firm’s growth and the increased costs of operating SmileShops may very well be part of the reason for the current operational and financial problems.

In the context of orthodontic treatments, such as the intricate art of turning bad teeth into straighter teeth, it stands as an imperative for a dental professional to possess the ability to meticulously oversee the trajectory of progress and enact requisite adjustments as the journey unfolds. In-person consultations grant the dentist the acumen to appraise the subtle nuances of teeth movement, ensuring impeccable alignment and swiftly addressing any exigencies that may surface during treatment. Without this intimate supervisory role, patients may find themselves ensnared in a series of suboptimal outcomes or unforeseen complications, potentially culminating in profound dissatisfaction, a far cry from their initial optimism.

A constraint by online-only business paradigms resides in the conspicuous dearth of the human factor within the domain of healthcare. The capacity to foster a personal rapport and sow the seeds of trust between patient and healthcare provider stands as an indispensable facet of delivering healthcare par excellence. In-person consultations, as juxtaposed with their virtual counterparts, provide the fertile ground for profound interactions wherein patients can freely pose queries and articulate concerns, forging a direct conduit to the attending healthcare provider.

Moreover, the presence of a healthcare practitioner serves as a wellspring of solace, particularly when the patient is confronted with a scenario necessitating a gentle touch or immediate attention. This irreplaceable human connection, steadfast and unyielding, eludes full replication even within the ambit of the most advanced technology.A split image showcasing the contrast between online shopping and traditional brick-and-mortar retail, with a focus on a bright white straight teeth logo on the storefront. The online shopping side is full of sleek, modern technology and minimalistic design elements, while the brick-and-mortar side is bustling with people and colorful storefronts. The teeth logo stands out against the busy backdrop, representing the importance of a confident smile in both shopping experiences. The overall tone is bold and eye-catching, with a mix of digital and traditional art techniques.

What does the SmileDirectClub Chapter 11 bankruptcy filing teach us?

Once assessed at a staggering $9 billion in value, the SmileDirectClub teeth aligner company finds itself navigating the tumultuous waters of Chapter 11 bankruptcy a mere four years after its initial public offering. The precipitous descent of SmileDirectClub stands as a remarkable testament to the annihilation of capital on a grand scale. This entity, headquartered in the United States, and specializing in the distribution of affordable orthodontic teeth-aligning solutions, went public in 2019. It managed to raise $1.35 billion, thereby elevating its overall worth to a staggering figure approaching the $9 billion mark. This momentous financial maneuver, indeed, had the power to bestow billionaire status upon its founders.

Fast forward four years from this watershed moment, and we find the once-mighty corporation having filed for bankruptcy protection — its coffers depleted to a mere $5 million at the time of its bankruptcy filing. In a last-ditch effort to salvage their brainchild, the founders have injected $20 million while the company looks for a suitable suitor. Alas, if no saviour emerges within the ensuing two months, as indicated by the company’s chief financial officer, the entire operation shall be forced to liquidate and then shutter its digital (and physical) doors.

One might be inclined to attribute this unfortunate turn of events to a fortuitous convergence of ill-timed circumstances or perhaps an overzealous indulgence in the allure of rock-bottom interest rates. At the time of its initial public offering, the company, while experiencing robust growth, had yet to experience profitability. However, this promising trajectory was abruptly derailed when the global COVID-19 pandemic forced the company to close its physical retail outlets. This highlights the fact that at least for the SmileDirectClub orthodontic health product, an online-only business model is not viable.

Subsequently, its primary customer base—comprising individuals from modest to middle-income backgrounds who cannot afford the cost of braces, and who rely on financing for their orthodontic treatments, as long as they can pass the credit check —dramatically reduced their consumption of the company’s products.

The repercussions were swift and severe; sales plummeted, and in a desperate bid to engineer a turnaround, the company undertook a substantial debt burden. The sombre tale is best told through SmileDirectClub‘s issuance of $748 million worth of zero-coupon convertible notes. Initially, these notes were exchanged at a valuation of 100 cents per dollar during their introduction in early 2021.

However, within a single year, their value dwindled to a mere 40 cents on the dollar and currently hovers at approximately 1 cent on the dollar. To secure additional liquidity, the company even resorted to leveraging its accounts receivable and intellectual property assets, securing a loan to the tune of $255 million through the auspices of HPS Investment Partners in April of 2022. Presently, only $138 million remains outstanding on this loan, which accrues interest at a rate closely aligned with the interest rates imposed upon a significant portion of its customer base, specifically, 10.75% over a prevailing base rate.

The metaphorical sands of time now flow inexorably for SmileDirectClub and its extensive workforce, encompassing over 1,800 employees. In a poignant scene, the company’s founders made a virtual appearance during the initial bankruptcy hearing, presided over by US Bankruptcy Judge Christopher Lopez. In solemn silence, they witnessed the judge’s approval of their commitment to infuse $20 million into the ailing enterprise, perhaps serving as a final lifeline in their struggle for survival.

Potential for an orderly liquidation of the SmileDirectClub assets

Should specific conditions fail to materialize, particularly the emergence of a suitable buyer, the SmileDirectClub teeth aligner company has conceded that the sole alternative left is an organized liquidation. Under such circumstances, the company would be compelled to liquidate its assets and methodically bring its operations to a close. Nevertheless, there lingers a glimmer of hope within the company’s heart. It persists in its optimism that, buoyed by diligent reorganization endeavours and fortified by the unwavering backing of its founders, it can circumvent this dire denouement.

Time will tell.

SmileDirect Club conclusion

The SmileDirectClub‘s bankruptcy filing does prompt inquiries about the viability of exclusive online-only models within specific sectors. Nonetheless, it should not cast an all-encompassing shadow upon the collective influence wielded by digital-first enterprises. Rather, it underscores the importance of properly researching who your target market is, all regulatory issues that may hamper business success and having sufficient cash flow to build the business properly. SmileDirectClub learned early on that an online-only business model would not work and COVID-19 finished off its brick-and-mortar store side of its business.

Triumphant brands will undoubtedly be those that adeptly mould their operational models to align with the expectations of their clientele. Through such adaptability, they shall not only endure but flourish amidst the ever-evolving terrain of retail, continuously catering to the ever-evolving requirements of their clientele.

I hope you enjoyed this SmileDirectClub Brandon’s Blog. If you’re struggling with managing your overwhelming debt in this high-interest environment, don’t worry – there are some things you can do to take control of the situation. First, it’s important to create a realistic budget and track your expenses. From there, you can prioritize your debt repayment and make consistent payments to chip away at what you owe. It’s also a good idea to seek professional financial advice to help guide you through the process. Just remember, managing debt is a gradual process that requires commitment and determination, but you can do it! So don’t hesitate to reach out for help from financial professionals.

Individuals and business owners must take proactive measures to address financial difficulties and promptly seek assistance when necessary. It is crucial to recognize that financial stress is a prevalent concern and seeking help is a demonstration of fortitude, rather than vulnerability. Should you encounter challenges in managing your finances and find yourself burdened by stress, do not delay in pursuing aid.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses with debt problems that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

The Ira Smith Team understands these financial health concerns. More significantly, we know the requirements of the business owner or the individual who has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own and it does not mean that you are a bad person. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.A split image showcasing the contrast between online shopping and traditional brick-and-mortar retail, with a focus on a bright white straight teeth logo on the storefront. The online shopping side is full of sleek, modern technology and minimalistic design elements, while the brick-and-mortar side is bustling with people and colorful storefronts. The teeth logo stands out against the busy backdrop, representing the importance of a confident smile in both shopping experiences. The overall tone is bold and eye-catching, with a mix of digital and traditional art techniques.

Categories
Brandon Blog Post

COMPANY BANKRUPTCIES: A USEFUL TOOL TO SHOWER EXECS WITH BONUSES?

company bankruptcies
company bankruptcies

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would rather listen to the audio version of this company bankruptcies Brandon’s Blog, please scroll to the bottom and click on the podcast.

Company bankruptcies introduction

Company bankruptcies have been in the news during 2020. The ones that got the most attention were large US retailers filing for Chapter 11 bankruptcy protection, their Canadian subsidiaries filing for restructuring or pure Canadian retailers who needed to file.

In the United States, almost one-third of 40 big firms seeking U.S. bankruptcy protection during the coronavirus pandemic awarded bonuses to execs within a month prior to filing their cases, according to a Reuters evaluation. Eight companies, consisting of J.C. Penney and Hertz, approved the bonuses as few as five days before seeking bankruptcy protection.

In this Brandon’s Blog, I discuss why this happened and look at could it happen in Canadian bankruptcies cases.

The role of a Key Employee Retention Plan (KERP) in company bankruptcies

A KERP is not a new concept in company bankruptcies. KERP refers to an advantage strategy utilized by a debtor company in a bankruptcy situation as incentives to upper management to stay working for the business throughout the bankruptcy. The purpose of this KERP is to help in the retention of particular essential qualified and competent executives of the company and its subsidiaries, by providing a retention bonus offer for such employees in return for their continued employment during the restructuring of the business in bankruptcy protection.

The KERP intends to maintain qualified officers, employees, and directors of the company and its subsidiaries upon whose judgment and effort the company depends upon for the successful conduct of its business. It is expected that providing such persons with a direct stake in the firm’s successful restructuring will assure a more direct alignment of their interests with those of the business and have them working on the company’s behalf throughout the entire financial restructuring. In this way, senior management and key personnel are incentivized to keep their employment with the company throughout its restructuring and not leave for a new opportunity.

So if KERP is normal, why pay out big bonuses ahead of time?

This phenomenon is unique to company bankruptcies restructurings in the United States. So far, it has not been applied directly to Canadian insolvency filings. The main reasons are the legislation and because of the supervisory role and practices of the courts.

KERPs have long caused objections that companies are enriching execs while cutting jobs, stiffing creditors and wiping out shareholders. In March, creditors filed a claim against previous Toys R’ US executives and directors, accusing them of misdeeds that consisted of paying out such rewards days before its 2017 bankruptcy filing. The company liquidated in 2018, terminating 31,000+ workers.

An attorney for the execs and directors stated the benefits were warranted, given the added work and stress on senior executives, as Toys R’ US had wanted to remain in business after its restructuring. As we all know, the restructuring failed and the company was liquidated.

United States legislation in 2005 needed execs and other company insiders to have a competing job offer in hand before getting retention bonus offers through a bankruptcy protection administration. That forced companies to design new means to pay the bonuses.

After the 2008 financial crisis, firms frequently proposed bonuses in bankruptcy court, casting them as incentive plans with goals execs have to satisfy. Courts mostly accepted the plans, ruling that the performance benchmarks placed the payment past the purview of the limitations on retention incentives. The plans, nonetheless, sparked objections from creditors calling them KERPs in disguise.

At some point, companies discovered they could avoid analysis entirely by approving benefits before insolvency filings. US Bankruptcy Trustees have no power to stop bonuses paid even days prior to company bankruptcies.

Why big bonuses are not paid out on the eve of company bankruptcies in Canada

As I mentioned earlier, the treatment of KERPs is really directed by the supervision of the court. A large Canadian bankruptcy protection filing that might involve a KERP is done under the Companies’ Creditors Arrangement Act (Canada) (CCAA). The Canadian legislation and therefore the decisions of the courts in Canada are different than in the United States.

A financial restructuring under the CCAA is a collaborative effort in Canada. It is not as adversarial as in the USA. In a Canadian CCAA restructuring, a Monitor is appointed by the court. The Monitor to a large extent is the “eyes and ears” of the court. The process is that the Monitor acts as a supervisor over the company’s affairs in restructuring and also acts as a mediator between the various stakeholders. The court places a high degree of reliance on the Monitor’s recommendations. The court also expects its Monitor to be in the middle of all important matters and make thoughtful and pragmatic recommendations.

In Canada, the legislation does not directly address the issue of a KERP. Rather, the court will review the terms of a KERP put before it for approval. The court expects that:

  • Hard evidence will be put before it to show why the KERP is required and will aid in the company restructuring.
  • Why the employees for whom it is being recommended qualify.
  • The court will want to see that the KERP was negotiated, that key stakeholders had input, and there is not a “one size fits all” plan for all the employees.
  • Rather, individual employee characteristics have been taken into account.
  • The Monitor has been involved in the discussions and is recommending it to the court with reasons.

The proper use of an appropriately-calibrated reward plan is evident:

  • Company bankruptcies cause staff members now in an insecure position to be prey to competitors able to provide the possibility of a stable and solvent workplace to people whose natural very first top priority is caring for their households.
  • There is a danger that the top and mobile employees will certainly be cherry-picked while the company in a restructuring might discover itself significantly handicapped in attempting to attract competent senior staff.
  • Sometimes a restructuring can result in a court-supervised sales process. Employees might commonly find themselves being asked to bring all of their skills and devotion to the task of making themselves unemployed.
  • Considering that many employers use a mix of base pay and profit-based motivations, company bankruptcies causing a restructuring may put greater demands on key staff including covering for associates who have been laid off or who have actually left for greener fields.

The main factors considered by the court being asked in company bankruptcies to approve a KERP

The main factors a court considers during company bankruptcies are:

  • Whether the Monitor recommends the KERP agreement and the cost.
  • For the senior staff to which the KERP is being recommended, how realistic is it that they would seriously consider various other work choices if the KERP was not approved?
  • Is the continued employment of the senior staff members for which the KERP is being recommended is essential for the security of the business and to boost the performance of the overall restructuring?
  • Each employee’s background with and expertise in connection with the debtor.
  • Any problems in replacing each of the senior staff for the employees to which the KERP would apply.
  • Were the KERP agreement and its cost authorized by the board of directors, including the independent Monitor, as the business judgment of the board needs to not be disregarded?
  • Is the KERP agreement and charge approved or consented to by secured creditors of the borrower (who might very likely end up paying for it)?
  • Are payments under the KERP payable upon the conclusion of the restructuring process or are milestones built in that may or may not be realistic.

These are the major issues that the court needs to consider when determining whether or not to approve a KERP. As you can see, in company bankruptcies in Canada resulting in a CCAA restructuring, the issues the court must consider are many. So far, business sense has prevailed in Canada not requiring the shenanigans now taking place in US bankruptcy restructuring cases.

Company bankruptcies summary

I hope you have found this company bankruptcies Brandon’s Blog interesting and helpful. The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are literally separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Income, revenue and cash flow shortages are critical issues facing entrepreneurs, their companies and individual Canadians. This is especially true these days.

If anyone needs our assistance for debt relief Canada COVID-19, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Trustee Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Categories
Brandon Blog Post

HOW HERTZ TEACHES US MODERN AND RISKY RULES OF BUSINESS BANKRUPTCY IN CANADA AND THE USA

business bankruptcy in canada
business bankruptcy in canada

The Ira Smith Team is fully operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Stay healthy, well balanced and safe and secure everyone.

If you would prefer to listen to the audio version of this business bankruptcy in Canada and the USA Brandon’s Blog, please scroll to the bottom and click play on the podcast.

Business bankruptcy in Canada Introduction

Late in the day on Friday, May 22, 2020, Hertz Global Holdings Inc. (Hertz) filed for Chapter 11 bankruptcy in Delaware. The filing gives Hertz some breathing room to operate its business. During this time, Hertz also needs to come up with a business turnaround plan and a debt restructuring plan that creditors can support. The movement of Hertz stock last week teaches us some modern and risky rules of business bankruptcy in Canada and the United States.

Corporate bankruptcies and the Hertz investors

Hertz stock closed on the NASDAQ exchange on May 22 at US$2.84. It dipped to a low of US$0.40 on May 26. Legendary investor Carl Icahn sold all of his Hertz shares at an average price of $0.72. He dumped his 39% stake in Hertz at a loss of nearly $2 billion. Last Friday Hertz shares closed at US$2.57 per share. This morning, the trading touched US$3.40 per share.

So Hertz is up handsomely since May 26. Hertz has filed for bankruptcy protection. It doesn’t make sense that investors should be pushing the stock up. Hertz is selling off its fleet and further depressing the used car market. So far there is no indication that a business plan and debt reduction plan has been developed, let alone accepted by the creditors.

As far as assets, they have locations and a database of customers. But every major rental car company also has locations and a database. Whenever business and leisure travel resumes to pre-COVID-19 levels, if you can’t rent a car from Hertz you will rent it from a different company. So what are the non-fleet assets worth?

So on the surface, the investor money finding a home in Hertz stock and pushing up the stock price doesn’t make sense. So, are there savvy investors getting into Hertz or are they all just following the herd and will all end up losers?

Why Hertz filed for Chapter 11 bankruptcy protection

Since 2014, Hertz has had four different CEOs. It is difficult to develop and implement a cohesive business strategy with such turmoil in the senior management ranks. As the coronavirus pandemic brought travelling to a sudden halt, Hertz suffered dramatically as a mass of its revenue depended on business travellers and vacationers renting vehicles when arriving at their destination airport. Nobody knows how long it will take until travel gets back to where it was and what Hertz needs it to be.

Hertz’s debt has been increasing as it invested heavily in its vehicle fleet. They may have also missed the mark in the mix of vehicles consumers want, requiring it to take on even more debt to make further fleet purchases. Hertz could no longer afford to make the interest payments on its debt load. At the time of its bankruptcy filing, Hertz had US$1 billion of cash and US$13 billion of debt.

The $13 billion in financing Hertz made use of to acquire its fleet of 500,000 automobiles. The financing was done via what is known as asset-backed securities. These are connected straight to the value of the vehicles. When the value of the cars drops, Hertz must make up the difference in cash within about three months, unless values rebound before that time.

However, with the coronavirus pounding the brakes on the economy and eliminating employment for so many, the drop in the value of used vehicles is expected to remain that way for a long time. Hertz knew that it could not make up the difference to its lenders when they made a demand, which was their right. Hence the bankruptcy filing.

The modern risky rules of investing in business bankruptcy in Canada and the USA

Normally, in a public company restructuring, it is not only the creditors that take a hit. Shareholders usually get a good drubbing. Share values fall and new shares are issued to raise capital. This further dilutes the holdings and value of those holdings for shareholders. But investors must believe that Hertz will come back. How else can you explain the surge in the share price?

Before this year, the company had ten consecutive quarters of positive growth. They were still losing money, just not as much. Investors must believe that Hertz will be able to survive. They must believe that the company although leaner and smaller, this is the time to jump on an opportunity to make money.

I am not a financial advisor, I am not saying whether this is a good or bad investment. It certainly is a very risky one. All I am saying is that as a licensed insolvency trustee (formerly called a trustee in bankruptcy) administering business bankruptcy in Canada, this does not make any sense to me.

I guess only time will tell if these investors pushing up the stock price are insightful risk-takers or losers. Carl Icahn doesn’t believe it.

Business bankruptcy in Canada and the USA summary

I hope you have found this business bankruptcy in Canada and the USA Brandon’s Blog helpful.

The Ira Smith Team family hopes that you and your family members are remaining secure, healthy and well-balanced. Our hearts go out to every person that has been affected either via misfortune or inconvenience.

We all must help each other to stop the spread of the coronavirus. Social distancing and self-quarantining are sacrifices that are not optional. Families are separated from each other. We look forward to the time when life can return to something near to typical and we can all be together once again.

Ira Smith Trustee & Receiver Inc. has constantly used clean, safe and secure ways in our professional firm and we continue to do so.

Revenue and cash flow shortages are critical issues facing entrepreneurs and their companies and businesses. This is especially true these days.

If anyone needs our assistance for debt relief Canada COVID, or you just need some answers for questions that are bothering you, feel confident that Ira or Brandon can still assist you. Telephone consultations and/or virtual conferences are readily available for anyone feeling the need to discuss their personal or company situation.

The Ira Smith Team is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Stay healthy, well balanced and safe and secure everyone.

Categories
Brandon Blog Post

BOY SCOUTS OF AMERICA BANKRUPTCY: THE EXTREME SIDE RARELY SEEN

 Boy Scouts of AmericaIf you would prefer to listen to an audio version of this Boy Scouts Of America Brandon’s Blog, please scroll to the bottom of this page and click on the podcast.

Introduction

The Boy Scouts of America has filed for Chapter 11 bankruptcy protection, according to court files in Delaware bankruptcy court. The filing was done early on Tuesday, February 18, 2020. All of it began with one man in 2010.

The purpose of this Brandon’s Blog is to define the issues that caused this insolvency filing and to answer whether there ever was a similar type of bankruptcy protection filing under the Canadian insolvency system.

It all started with Kerry Lewis

In 2010, Kerry Lewis, a Portland Oregon man, won a lawsuit against Boy Scouts of America. Lewis was a sexual abuse victim. A jury found the Boy Scouts of America must pay $18.5 million in punitive damages for the abuse he experienced in being continuously molested by a Scout leader in the 1980s. Because of the bankruptcy protection filing, rather than potentially having their day in court, plaintiffs with unpaid judgements, and also alleged victims who have pending legal actions, will now need to file claims bankruptcy court.

The Boy Scouts of America have applied for bankruptcy protection, after being barraged by hundreds of sex-abuse lawsuits. Over 12,000 children are believed to have been sexually abused by Boy Scouts volunteers.

The Boy Scouts of America is the largest scouting organization and one of the largest youth organizations in the United States, with about 2.3 million youth participants and about one million adult volunteers. They have actually been encountering decreasing membership as well as thousands of lawsuits, with many more prospective legal actions yet to be filed. They are now dealing with new claims of sexual abuse from about 800 men throughout the country, according to attorneys representing them.

Why the Boy Scouts of America filed for bankruptcy protection

The Boy Scouts of America invested massive amounts of time as well as cash on litigation rather than protecting the children– with virtually 3,000 hidden child molesters only the Scouts know about. In a statement to National Public Radio, the Boy Scouts of America said it is working with experts and explored all options available. They think this insolvency filing will certainly be the best way they can meet their social and moral obligations to equitably treat victims who experienced abuse throughout their time in Scouting.

They went on to say that their strategy will also make certain that it will allow them to continue to perform their goal to serve young people, families and regional communities through their programs.

The issue of troop leaders sexually assaulting Scouts has tormented the Boy Scouts of America for decades. It is just now that the weight of the newer accusations and lawsuits has ended up being too much to deal with without the Chapter 11 filing.

The national organization of the Boy Scouts of America is the only entity involved in the Chapter 11 filing. The national company has created a method that intends to safeguard its local scouting councils and also the billions of dollars in properties they hold. They believe that maintaining those assets out of the reach of sexual-abuse claims is the only method to make certain that Scouting will be able to proceed in America.

That is a crucial concern. Will the Boy Scouts of America be able to shield the assets of the regional councils, which possess camps and properties in prime real estate throughout the nation. Many are claiming the Boy Scouts of America cannot be changed. Under the Chapter 11 filing, they will be able to continue its operations, and all the current claims will be put on hold.

The bankruptcy protection plan

The Boy Scouts of America are urging victims to come forward after the 110-year-old organization filed for bankruptcy protection in the first step toward dealing with a barrage of sexual abuse lawsuits. They are creating a plan, so they can capture all lawsuits yet to be filed and be able to afford to pay off thousands of still-uncompensated sex abuse victims. The filing is also an effort to stop thousands of sexual abuse claims ending up being litigated in court.

I do not think that this legal maneuver will stop survivors from stepping forward and beaming light on the criminals as well as the terrible actions of the abusers concealed by the organization. Nonetheless, sufferers will now only have access to a pool of funds to be assigned for that objective. At the initial bankruptcy hearing, the Boy Scouts of America still have actually not shared the names of the perpetrators with the general public in spite of laying out a four-point strategy with transparency as the first point!

Jeff Anderson, whose law firm has represented Scout abuse survivors for decades believes the Boy Scouts of America is using the filing to keep the names of predators a secret. “I don’t believe that this legal maneuver by the Boy Scouts of America will stop survivors from coming forward and shining a light on the perpetrators and perilous practices hidden by the organization,…” said Anderson.

The Boy Scouts of America have filed for bankruptcy protection in hopes of working out a possibly massive victim payment plan for sex abuse victims. Across the country, they have already mortgaged major properties to get a line of credit. Specifically, the national organization of the Boy Scouts of America has initiated a voluntary financial restructuring to ensure they can equitably compensate all victims of past abuse in our programs, through a proposed Victims Compensation Trust.

Public tax records show the Boy Scouts of America has more than $1 billion in assets, not including the balance sheets of local chapters. They have yet to disclose what size the Victims Compensation Trust will be.

The effect of the filing

Speculation swirled over whether the Boy Scouts of America will continue to exist in its existing organization or whether smaller teams will be formed to carry on its mission. They are establishing an approach, so they can catch all claims yet to be submitted and likewise have the ability to settle thousands of still-uncompensated sex abuse sufferers. The bankruptcy protection filing is also an approach to stop countless sexual abuse claims winding up being prosecuted in court.

The Mormon church, a long supporter of the Boy Scouts of America, has already announced that they are ending their connection, after more than 100 years of a close relationship. If successful, the plan will ensure that they will be able to continue to carry out their mission to serve youth, families and local communities through their programs.

The intriguing question is, will attorneys for victims try to pierce through the national organization and claim that all the local councils are not really independent. Or, is the independence on paper only? Is it truly a vertically integrated company that exercises considerable impact over the local councils? Only time will tell if any of the abuse victim lawyers pursue this path to attempt to increase the size of the Victims Compensation Trust.

So, the Boy Scouts of America’s insolvency strategy is the same as USA Gymnastics and the Catholic diocese. Can victims of such sexual abuse ever really be compensated? The organization in some form will move on, but sufferers will live with their pain and their scars probably forever. They will certainly most likely lose their personal voice in their search for justice because of the bankruptcy filing. This will rob sufferers of an important part of the healing process.

Is there a Canadian statue to restructure like this?

The answer is yes. Although there are two federal insolvency regimes in Canada, the only one that should be used for a very large corporate restructuring like this one is the Companies’ Creditors Arrangement Act (CCAA). The CCAA is the Canadian equivalent to Chapter 11 of the US Bankruptcy Code. It is a Canadian federal law allowing insolvent corporations that owe their creditors in excess of $5 million to restructure their business and financial affairs.

The closest Canadian example where the CCAA was used to compensate victims that I can think of is the CCAA filing of the Canadian Red Cross Society. It needed to restructure as a result of some $8 billion of tort claims being asserted against it (and others, including governments and hospitals). The claims were by a large number of people who suffered tragic harm from diseases contracted as a result of a blood contamination problem that has haunted the Canadian blood system since at least the early 1980s.

Summary

I hope you have found this explanation of the Boy Scouts of America issues informative. The Ira Smith team is available to help you at any time. We offer sound advice and a solid plan for Starting Over Starting Now so that you’ll be well on your way to a debt-free life in no time. For more information on a no-cost basis please visit our website or call us.

Does your company have many lawsuits filed against it? Will the cost of all that litigation, let alone the amount of any judgements issued against your company, too much for your company to survive? Those costs and the massive debt cries out for a debt restructuring? Would not it be great if you could do a turn-around?

The Ira Smith Team understands how to do a debt restructuring. More notably, we understand the requirements of the business owner or the person who has too much individual debt. Because you are dealing with these stressful financial issues, you are anxious.

It is not your fault you can’t fix this problem on your own. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will get you or your business back on the roadway to healthy and balanced worry-free operations and end the pain points in your life, Starting Over, Starting Now.

Categories
Brandon Blog Post

SOMETIMES EVEN A BONA FIDE SHARK NEEDS BANKRUPTCY AND INSOLVENCY HELP

bankruptcy and insolvency
bankruptcy and insolvency

If you would prefer to listen to the audio version of this bankruptcy and insolvency Brandon’s Blog, please scroll to the bottom and click on the podcast.

Bankruptcy and insolvency: Introduction

Not every innovation that is seen on The Shark Tank is bound to be one of the very best. Among the winners, Fizzics is a machine that makes use of sound waves that improve the taste and quality of a beer. Not even a Shark can stop its company from being driven to bankruptcy and insolvency Chapter 11 bankruptcy protection. This proves that often an ingenious and fantastic invention being marketed with the assistance of a Shark might not truly interest people.

bankruptcy and insolvency
bankruptcy and insolvency

Fizzics was seen on the season 8 première of The Shark Tank. The judges, in spite of the early skepticism, accepted this pitch. It currently seems to be backfiring in a huge way. The idea of making a bottle of beer taste better, just like a draft beer from the tap, isn’t a silly way to invest your time. But a better tasting beer is a big luxury. Many people may check out is the brand-new shiny plaything on the block. It is something wacky and cute but not completely effective or needed.

What is difference between bankruptcy and insolvency in Canada?

What is insolvency? – Individuals are considered to be insolvent when they are not able to pay the financial debts they owe their creditors on their respective due dates. If you become insolvent, you might choose to declare bankruptcy, or you could handle your financial debts with other options such as a consolidation loan or a debt settlement consumer proposal.

Insolvency and bankruptcy are 2 terms that are often very closely associated when discussing debt. However, they have very different meanings. Insolvency describes an economic state. It is when you cannot afford to pay your debts when due. If you liquidated all of your assets, there would not be enough money to pay off all your debts in full.

What is bankruptcy? – Bankruptcy is a legal process. It means that a creditor has gone to court and obtained a Bankruptcy Order to place a person or company into the legal status of bankruptcy. Or, the person or company has filed an Assignment in Bankruptcy. The Bankruptcy and Insolvency Act (BIA) is the Canadian bankruptcy law legislation regulating all administrations of the BIA in Canada.

The various kinds of insolvency proceedings under the BIA are:

  • corporate bankruptcy;
  • personal bankruptcy; either a summary administration bankruptcy or an ordinary administration.
  • consumer proposals;
  • Part III Division I Proposal; and
  • receiverships.

Canadian BIA insolvency proceedings and bankruptcy proceedings can only be administered by licensed insolvency trustees (formerly called trustees in bankruptcy). The short form for a trustee in bankruptcy is now LIT, licensed insolvency trustee (Trustee). Trustees are licensed and supervised by the Office of the Superintendent of Bankruptcy (Canada) (OSB) which is part of Industry Canada. The OSB is responsible for the administration of bankruptcies in Canada.

Bankruptcy and Insolvency: Does the consumer really need it?

Eventually, these types of ideas are those that often tend to seem like the most effective thing since sliced bread. Their shiny brand-new finish tends to subside promptly given the expense of creating them. Even tougher, is finding a large enough market of people who truly intend to quit the dependable and old ways to carry out something. The uniqueness will swiftly wear away. The equipment will then come to be a chunk of scrap that is most likely to rest on the counter and seldom gets used. That might seem unkind, however, usefulness and need to at some point seem to divide the wheat (or barley) from the chaff!

So Fizzics, for all that it is able to do, turned out to be not the sort of device that has the ability to make a great deal of sense in a business setting. It is just for home-usage. In a bar, people go to consume alcohol and socialize. They are not there to wait on a number of sound waves to make their drink preference taste and look better. If they want a draft beer, they will order from the tap. If they want a bottled beer, that is what they will order.

For home usage, it is an excellent novelty. Everyone has their favourite beer. People anticipate it to taste the way they know it too – straight out of the bottle or can.

The Fizzics Business: The Sharks bit and invested money

Philip Petracca and his partner, David McDonald, made it to ABC’s “Shark Tank” in 2016, offering beer to a hesitant panel. They eventually turned most of the judges into followers. Lori Greiner and fellow Shark Mark Cuban agreed to spend $2 million into Fizzics for a consolidated 16.67 percent equity. Fizzics attained its objective of expanding its selling networks.

With the help of the Sharks, Fizzics entered Target, Best Buy, Brookstone, on Amazon, and several other areas– including Bed, Bath & Beyond. They have been reviewed in many renowned publications, and on several websites such as Yahoo! Tech as well as CNet. The Fizzics beer-making device was called absolutely nothing short of a wonder.

bankruptcy and insolvency
bankruptcy and insolvency

They increased their patented modern technology and generated a much more portable item called the Fizzics Waytap. Beer fanatics were still going crazy about the original dispenser in magazines.

On March 12, 2019, Fizzics Group, Inc. applied for Chapter 11 bankruptcy in Delaware under the United States insolvency and bankruptcy code. It reported assets of between $100,000 as well as $500,000 and debts of between $1 million and $10 million (based on contingencies and disputed claims). Time will tell if the business can be reorganized and saved, or if the remaining product inventory will end up in the clearance area!

Bankruptcy and insolvency: Do you need help?

I hope you enjoyed this Fizzics Shark Tank bankruptcy and insolvency blog. Do you or your business have excessive debt? Are you having an issue making your month-to-month expenses? Is your company handling its financial obstacles something you simply can’t figure the way out of? Are you looking for a business restructuring plan or an individual debt negotiation plan?

If so, call the Ira Smith Team today. We have years and generations of experience helping people and companies seeking financial restructuring or a debt settlement strategy. As a licensed insolvency trustee, we are the only specialists recognized, accredited and supervised by the Federal government to give insolvency advice and remedies to assist you and to prevent bankruptcy.

Call the Ira Smith Team today so you can end the stress and anxiety financial problems create. With the special roadmap, we will develop with and special to you, we will promptly return you right into a healthy, balanced hassle-free life.

You can have a no-cost appointment to assist you so we can fix your debt troubles. Call the Ira Smith Team today. This will certainly allow you to make a fresh start, Starting Over Starting Now.

 

Categories
Brandon Blog Post

HOW TO SOLVE THE BIGGEST PROBLEMS WITH BANKRUPTCY PROTECTION MEANING

Bankruptcy protection meaning: Introduction

The Cambridge English Dictionary gives us the bankruptcy protection meaning as follows:

bankruptcy protection noun [ U ]

UKUS ​ also bankruptcy-law protection

​LAW, FINANCE laws that limit the amount of money a bankrupt company (= one that owes more money than it can pay) must pay to those it owes money to:

The firm filed for bankruptcy protection after a massive accounting scandal.

We have filed for bankruptcy protection from creditors.

It’s the second time the company has sought bankruptcy protection in 25 months.

The Chicago-based business, already forced into Chapter 11 bankruptcy protection, said that a complete collapse is now a “distinct possibility”.

See also

Chapter 11

Bankruptcy protection meaning: Bankruptcy protection meaning

The above definition is helpful, but, I would make one small change to it. There is a difference between a company that does not have enough cash to meet its expenses, or whose assets are worth less than the value of its liabilities. Such a company is insolvent. Such a company is only bankrupt if it has filed an assignment in bankruptcy or a Court has issued a Bankruptcy Order against it. Insolvency is the financial condition; bankruptcy is a legal state.

So, I will give you my bankruptcy protection Canada definition:

Bankruptcy protection is a legal state where the insolvent company (or person) has filed under the country’s bankruptcy laws to restructure and avoid becoming a bankrupt.

Bankruptcy protection meaning: How does it begin?

A company starts to go into “bankruptcy protection” by putting together its motion to the Court to tell that:

  1. they are admitting that they cannot pay their debts generally as they come due;
  2. their assets are worth less than the amount of their liabilities;
  3. they cannot continue in business in their current financial and business condition;
  4. there may be come calamity about to befall them if they do not have the time and breathing space to focus only on a restructuring and running of their business to regain profitability;
  5. and they’re asking for the Court’s help and protection while they formulate a proposal or a plan of arrangement to present to the creditors.

The company is not seeking “bankruptcy protection”. Rather, it is seeking protection from its creditors. It is seeking a “time out” from the Court so that the company’s creditors cannot begin or continue legal action against the company. It wishes to be protected from such outside influences so that nobody can tip it over.

Management is saying that if given time, it believes that it can come up with a plan to restructure the company so that it can emerge a better and financially healthy company. It wishes to take the opportunity to see if its creditors, and the Court, will agree to a restructuring plan. It wishes to continue in business to continue to buy and sell goods and services and to continue to be an employer.

Bankruptcy protection meaning: We have all heard about Chapter 11 bankruptcy protection

We have all heard about Chapter 11 bankruptcy protection proceedings. This refers to the restructuring provisions of the United States Bankruptcy Code. A case filed under chapter 11 of the United States Bankruptcy Code is often called a “reorganization” bankruptcy.

The Chapter 11 filing provides bankruptcy protection to the company and allows it to restructure itself and its assets to attempt to maximize creditor and shareholder value and avoid bankruptcy. A Chapter 11 case begins with the petition being filed with the bankruptcy court serving the area where the debtor can show a domicile or residence. A petition may be a voluntary petition, a debtor filing, or it may be an involuntary petition, a filing by creditors that meet certain requirements.

You have probably just heard about Chapter 11 this week, as Takata Corp., the Japanese company that made faulty airbag inflators and is now the subject of many lawsuits in the United States and elsewhere just filed Chapter 11 bankruptcy protection proceedings this week.

Bankruptcy protection meaning: Does Chapter 11 exist in Canada?

Chapter 11 is not a Canadian term or provision. In Canada, there are two federal statutes that a company wishing to reorganize can rely upon. Because they are federal statutes, they apply across the country. So, it does not matter if you are applying for bankruptcy protection Ontario Canada or in any other province.

The first statute is the Part III Division I Proposal restructuring provisions of the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA). The second, and today more common statute large companies file under, is, the Companies’ Creditors Arrangement Act (R.S.C., 1985, c. C-36) (CCAA).

There is no such thing as a bankruptcy protection act Canada. The BIA and CCAA are also not new bankruptcy laws in Canada. They have been on the books for some time and form part of the corporate bankruptcy laws in Canada . This vlog does attempt to give a bankruptcy protection Canada definition.

Bankruptcy protection meaning: The Canadian restructuring laws

Both companies and people can file under the restructuring provisions of the BIA. Only companies that meet the test can file under the CCAA. The CCAA is a relatively brief statute which allows a company the time for them to restructure their affairs. The CCAA is more flexible than the BIA and that is why it is the restructuring statute of choice for large and complex Canadian corporations. It has often been called the Canadian Chapter 11.

The reason for filing under the restructuring provisions of either the BIA or CCAA, is for the company to avoid bankruptcy. So there is a big difference when considering bankruptcy protection vs bankruptcy. That will be a topic for another blog or vlog.

A company would file for restructuring if management believes there is a viable business to be saved. Management believes that it has a viable business within the corporation and the corporation can be nursed back to good health by taking certain steps, including:

  1. reducing debt;
  2. preparing and implementing a new business plan;
  3. reducing expenses; and
  4. perhaps shedding redundant assets and/or unsuccessful business units.

3bestaward

Bankruptcy protection meaning: What happens to the company when it is in restructuring mode?

The premise is that management remains in control of the business, its assets and operations while restructuring. As part of the plan, there may be senior management changes if confidence has been lost in the old management. However, management remains in control and the company continues to run.

The further assumption is that the company has enough cash flow, and/or enough lines of credit while in reorganization mode, to run and ultimately emerge from its restructuring proceedings. The Court needs to know that there will not be prejudice to any creditor by providing the bankruptcy protection to the company. Ultimately, the creditors and the Court will consider the company’s restructuring plan and decide whether to approve it.

Bankruptcy protection meaning: Some examples please

There have been many CCAA filings over the last few years. Some very well-known household names in fact, such as:

  1. Sears Canada Inc. – June 22, 2017
  2. Express Fashion Apparel Canada Inc. and Express Canada GC GP, Inc. – May 04, 2017
  3. Grafton-Fraser Inc. – January 25, 2017
  4. Performance Sports Group Ltd., Bauer Hockey Corp. – October 31, 2016
  5. Urbancorp Group of companies – May 18, 2016 and October 6 and 18, 2016
  6. Golf Town Canada – September 14, 2016
  7. Victorian Order of Nurses for Canada – November 25, 2015
  8. Verity Energy Ltd. – May 1, 2015
  9. Target Canada Co., et al – January 15, 2015 (this was just a liquidation, not a restructuring, but they used the CCAA)
  10. U.S. Steel Canada Inc. – September 16, 2014

Bankruptcy protection meaning: What to do if your company cannot carry on because of too much debt

If your company has too much debt and insufficient cash flow, you need your plan and strategy in place NOW. Contact us now. The Ira Smith Team is here to solve your debt problems and help you carry out that winning strategy, no matter the reason. We’re here to help and get you back on solid financial footing Starting Over, Starting Now. We’re just a phone call away.

UPDATE: CHECK OUT OUR NEW VLOG BY CLICKING ON:

SEARS CANADA IS CLOSING: THE #1 REASON YOU HAVE TO RUN AND NOT JUST WALK TO REDEEM YOUR GIFT CARDS AND CREDITS

bankruptcy protection meaning 4

Call a Trustee Now!