Industry Insights

With more than 500 successful deals completed, Equity Partners HG offers expertise and cultivated relationships comparable to none. No matter what the situation is, we bring to the table the most compatible resources to provide the best outcome.

Here, we extend some Industry Insights. These are conversations with some of the finest lenders, attorneys, and restructuring colleagues we have known and worked with for years.

If you have topics you would like us to cover, please let us know!

Video Interviews

Chapter 11 Business Sales – Section 363 or Plan?

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An interview with Lisa Epps, Partner, Spencer Fane

Published on December 1, 2017

Ken Mann sits down with Lisa Epps, a Partner at the law firm of Spencer Fane, to talk about business sales in chapter 11. In about nine minutes, Lisa and Ken discuss:
• Section 363 Sales Vs. Plans of Reorganization
• Structured Dismissals and The Impact of the Jevic Decision
• Doing Both – a 363 Sale Followed By a Liquidating Plan
• Avoiding Transfer Taxes Resulting From a Sale

Healthcare Workouts – Unique Attributes

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An interview with Dan Dooley, CEO, Morris Anderson

Published on August 24, 2017

Ken Mann sits down with Dan Dooley, CEO of Morris Anderson, to discuss the unique attributes you will find in a restructuring case involving a healthcare business, including the fact that people frequently die. In about ten minutes, you can get a little smarter about:
• Accounts Receivable Issues
• Differences in Corporate Structure and decision making
• Doctors as Business People
• Controlled Dangerous Substances as Inventory
• Valuation Issues and Stark Law

Representing Secured Creditors – Current Issues

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An interview with Leyza Blanco, Shareholder, Gray Robinson

Published on Jul 12, 2017

Leyza Blanco is an experienced bankruptcy attorney representing secured creditors. She talks with Ken Mann about current issues you must be on top of when representing a secured creditor in a bankruptcy case. In about eight minutes, Leyza and Ken efficiently cover these trending topics important to secured creditors:
• What is a “Cram Up”?
• The Enforceability of Make Whole Provisions
• Pre-Petition Stay Relief Waivers
• The Importance of Preserving Your Rights and Remedies
• Recovery of Fees and Interest

Ken Mann and Peter Barrett discuss restructuring cases involving a franchised business

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An interview with Peter Barrett, Partner, Kutak Rock

Published on Jun 21, 2017

Ken Mann sits down with Peter Barrett, of Kutak Rock, to discuss the unique attributes you will find in a restructuring case involving a franchised business. Unlike in other cases, Peter explains, you have an entity, the franchisor, that is likely a creditor and with whom you have an executory contract that is also a license agreement. This franchisor is critical to the success of your sale or plan, for a variety of reasons, including that they have a right to approve or reject a buyer as a franchisee. Peter also talks about unique real estate and vendor issues in franchise cases.

Getting Paid: How Attorneys (and other professionals) Can Protect Themselves in/from Insolvent Cases

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An interview with Derek Abbott, Partner, Morris Nichols

Published on May 26, 2017

Derek Abbott, of Morris Nichols, talks to Ken Mann about avoiding insolvent cases, and getting paid when you find yourself in one. Derek explains:
• The importance of a good engagement letter and healthy retainer.
• “Burial expense carve outs” as a means of payment.
• The importance of financial diligence you should do.
• What industries are likely to involve assets with uncertain values and should, therefore, cause you to proceed with caution.
• The importance of reporting, “early and often”, if a case is headed into potential administrative insolvency, and actions you can take.
• Potential pools of money for administrative claimants.
• Obtaining court approval for a transaction in an insolvent case.