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Index
Praise
Title Page
Copyright Page
Dedication
Foreword
Preface
Acknowledgements
PART One - The General Landscape of Distress Investing
CHAPTER 1 - The Changed Environment
TRENDS IN CORPORATE DEBT GROWTH AND LEVERAGE BEFORE THE FINANCIAL MELTDOWN OF 2007-2008
JUNK BONDS AND THE LEVERING-UP PERIOD
THE SYNDICATED LOAN MARKET AND LEVERAGED LOANS
FINANCIAL MELTDOWN OF 2007-2008
PRINCIPAL PROVISIONS OF THE 2005 BANKRUPTCY ACT AS THEY AFFECT CHAPTER 11 ...
CHAPTER 2 - The Theoretical Underpinning
WHAT MARKET?
TOWARD A GENERAL THEORY OF MARKET EFFICIENCY
EXTERNAL FORCES INFLUENCING MARKETS EXPLAINED
WHAT RISK?
CAPITAL STRUCTURE AND CREDIT RISK
VALUATION
THE COMPANY AS A STAND-ALONE ENTITY
CONTROL AND ITS VITAL IMPORTANCE
CHAPTER 3 - The Causes of Financial Distress
LACK OF ACCESS TO CAPITAL MARKETS
DETERIORATION OF OPERATING PERFORMANCE
DETERIORATION OF GAAP PERFORMANCE
LARGE OFF-BALANCE-SHEET CONTINGENT LIABILITIES
CHAPTER 4 - Deal Expenses and Who Bears Them
ATTORNEYS AND FINANCIAL ADVISERS’ COMPENSATION STRUCTURE AND THE DISTRIBUTION ...
TIME IN CHAPTER 11 AND NUMBER OF LEGAL FIRMS RETAINED
DETERMINANTS OF LEGAL FEES AND EXPENSES
DETERMINANTS OF FINANCIAL ADVISERS’ FEES AND EXPENSES
CAN PROFESSIONAL COSTS BE EXCESSIVE?
CHAPTER 5 - Other Important Issues
MANAGEMENT COMPENSATION AND ENTRENCHMENT
TAX AND POLITICAL DISADVANTAGES
CAHPTER 6 - The Five Basic Truths of Distress Investing
TRUTH 1: NO ONE CAN TAKE AWAY A CORPORATE CREDITOR’S RIGHT TO A MONEY PAYMENT ...
TRUTH 2: CHAPTER 11 RULES INFLUENCE ALL REORGANIZATIONS
TRUTH 3: SUBSTANTIVE CHARACTERISTICS OF SECURITIES
TRUTH 4: RESTRUCTURINGS ARE COSTLY FOR CREDITORS
TRUTH 5: CREDITORS HAVE ONLY CONTRACTUAL RIGHTS
PART Two - Restructuring Troubled Issuers
CHAPTER 7 - Voluntary Exchanges
PROBLEMS WITH VOLUNTARY EXCHANGES
THE HOLDOUT PROBLEM ILLUSTRATED
MAKING A VOLUNTARY EXCHANGE WORK
TAX DISADVANTAGES OF A VOLUNTARY EXCHANGE VERSUS CHAPTER 11 REORGANIZATION
CHAPTER 8 - A Brief Review of Chapter 11
LIQUIDATIONS AND REORGANIZATIONS
STARTING A CASE: VOLUNTARY VERSUS INVOLUNTARY PETITIONS
FORUM SHOPPING
PARTIES IN A CHAPTER 11 CASE
ADMINISTRATION OF A CHAPTER 11 CASE
THE CHAPTER 11 PLAN
CHAPTER 9 - The Workout Process
PARTIES AND THEIR DIFFERING NEEDS AND DESIRES
TYPES OF CHAPTER 11 CASES
LEVERAGE FACTORS IN CHAPTER 11
PART Three - The Investment Process
CHAPTER 10 - How to Analyze: Valuation
STRICT GOING CONCERN VALUATION
RESOURCE CONVERSION VALUATION
LIQUIDATION VALUATIONS
CHAPTER 11 - Due Diligence for Distressed Issues
CHAPTER 12 - Distress Investing Risks
RISKS ASSOCIATED WITH THE ALTERATION OF PRIORITIES
RISKS ASSOCIATED WITH COLLATERAL OR ENTERPRISE VALUATION
REORGANIZATION RISKS
OTHER RISKS
CHAPTER 13 - Form of Consideration versus Amount of Consideration
PART Four - Cases and Implications for Public Policy
CHAPTER 14 - Brief Case Studies of Distressed Securities, 2008—2009
PERFORMING LOANS LIKELY TO REMAIN PERFORMING LOANS
SMALL CASES
LARGE CASES
CAPITAL INFUSIONS INTO TROUBLED COMPANIES
CHAPTER 15 - A Small Case: Home Products International
THE EARLY YEARS
GROWTH BY ACQUISITIONS
RETAIL INDUSTRY WOES
THE FIGHT FOR CONTROL
AMENDMENT OF INDENTURE AND EVENT OF DEFAULT
THE DECISION: PREPACKAGED CHAPTER 11
TREATMENT OF IMPAIRED CLASSES UNDER THE PLAN
FINANCIAL MEANS FOR IMPLEMENTATION OF THE PLAN
GOING-CONCERN AND LIQUIDATION VALUATIONS
CHAPTER 16 - A Large Reorganization Case: Kmart Corporation
LANDLORDS AND UNEXPIRED LEASES
VENDORS AND CRITICAL VENDOR MOTIONS
MANAGEMENT AND KERPs PRE-2005 BAPCPA
FRAUDULENT TRANSFERS
SUBSIDIARY GUARANTEES AND SUBSTANTIVE CONSOLIDATION
CHAPTER 11 COMMITTEES AND OUT-OF-CONTROL PROFESSIONAL COSTS
BLOCKING POSITIONS
BUYING CLAIMS IN CHAPTER 11
DEBTOR-IN-POSSESSION FINANCING
KMART’S PLAN OF REORGANIZATION AND PLAN INVESTORS
INVESTMENT PERFORMANCE
CHAPTER 17 - An Ideal Restructuring System
FEASIBILITY AND CASH BAILOUTS
GOOD ENOUGH RATHER THAN IDEAL
HIGHLY BENEFICIAL ELEMENTS IN THE U.S. RESTRUCTURING SYSTEM
GOALS OF AN IDEAL RESTRUCTURING SYSTEM
SUGGESTED REFORMS
Notes
About the Authors
Index
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