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In-Court vs. Out-of-Court Services

The value of out-of-court commercial negotiations and consensual restructuring activities can be significant for both debtors and their stakeholders. As opposed to a chapter 11 bankruptcy filing, an out-of-court restructuring can be considerably cheaper, and provide interested parties with a greater degree of flexibility, often resulting in a more efficient path to operational sustainability and financial stability. Out-of-court financial restructuring options include amendments, waivers, and consent solicitations, debt-for-equity exchanges, new money capital raises, and asset sales and other strategic exercises, along with larger operational and liquidity management initiatives.

Whether the intent is to negotiate a simple covenant waiver or to ensure the full exploration of out-of-court options in anticipation of an expected bankruptcy filing, Opportune provides a number of out-of-court restructuring services to both debtors and their stakeholders, including:

  • Cost/benefit analysis of out-of-court vs. in-court restructurings
  • Development of budgets, business plans and financial forecasts
  • Liquidity management
  • Vendor negotiations
  • Complex financial reporting
  • Asset, cost, structural and operational reviews
  • ROI analyses of proposed capital projects
  • Credit agreement structuring, documentation and negotiation
  • Complex contract analysis and restructuring
  • Hedge position analyses
  • Valuations
  • Business process re-engineering
  • Controls design and improvement
  • Comprehensive business and commodity risk management
  • Performance improvement and benchmarking
  • Outsourcing of overall accounting, reporting and land functions
  • Transition tax management and tax analysis

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