Restructuring, Monitoring, Receivership, and Fiduciary Services require professionals that have industry, business, and real estate experience to successfully operate or support an estate or troubled assets.

MBAF's staff of professionals includes bankruptcy and insolvency professionals, business valuators, tax practitioners, forensic accountants and auditors, technology consultants, asset managers, and individuals with years of practical knowledge working with controllers and chief financial officers. Our principals are credentialed CPAs, certified fraud examiners and financial forensic professionals, business valuators, and include a certified insolvency and reorganization advisor. On behalf of clients, MBAF has conducted operating business and asset sales, aided in organizational restructuring and debt restructuring, and provided crisis management support. We work collaboratively with stakeholders in designing a program that is cost effective and can meet the requirements of the distressed situation.
 

MBAF's Principals have worked in numerous capacities, including Receivers, Personal Representatives, and Accountants for State and Federal Receivers and Trustees, Assignees for Benefit of Creditors, Creditors' Committees, and an Inventory Attorney. We have also served as forensic accountants, business valuators, asset managers, and expert witnesses in state and federal receivership proceedings.

MBAF offers credentialed knowledge and expertise.

MBAF's Restructuring, Monitoring, Receivership and Fiduciary Services Team brings over fifty years of cumulative experience amongst its principals.

Provides comprehensive Restructuring, Monitoring, Receivership and Fiduciary Services.

Our principals have been recognized for specialized knowledge, understanding, insight, and experience in addressing financially distressed circumstances and in providing the following services:

Asset and Business Restructuring Services

MBAF's combined experiences include a high level of exposure to countless financial analysis applications and asset and business turnaround management issues. The goal of these services is to stabilize and enhance an asset's or business' value which finds itself in operational, financial, or legal distress. These goals are accomplished through using sound business strategies and principles and in building effective working relationships with stakeholders.
 
Our asset and business restructuring management services consist of:
 

Assessment

  • Understand and analyze current business or asset operations;
  • Understand and analyze historical financial statements;
  • Identify factors contributing to current or anticipated distress;
  • Identify key stakeholders involved; and
  • Understand management's and personnel's critical capabilities.

Strategy and Planning

  • Determine an asset's or organization's viability under various operating and financial scenarios;
  • Estimate recovery strategies, including asset dispositions, as applicable;
  • Evaluate debt restructuring needs, as applicable;
  • Identify local, state and federal income tax strategies or compliance issues and formulate approach for resolution;
  • Evaluate stakeholder relationships and claims;
  • Evaluate going-concern and liquidation analyses;
  • Establish viable business or reorganization plan and strategies to address current or anticipated distress;
  • Identify management and personnel resources available to implement restructuring plans; and
  • Establish communications and relationship plan with key stakeholders restructuring to address current or anticipated distress.

Implementation

  • Provide interim operating or financial leadership, as needed, to implement the plan;
  • Work to settle outstanding areas of distress with relevant stakeholders;
  • Institute timely reports and financial or operating measures to track progress;
  • Resolve new issues as they arise; and
  • Provide asset management or asset disposition services, as appropriate.

Receivership and Fiduciary Services

At the request of a financial institution or a stakeholder involved in a Receivership or other Fiduciary Relationship, MBAF can provide effective and efficient monitoring services for a distressed asset or business that include the following:

  • Perform a site visit to evaluate of management's financial and operating internal controls, strategies, and operating performance;
  • Evaluate existing lending and credit documentation and provide recommendations for additional strategic alternatives;
  • Evaluate financial and operating performance in accordance with restructuring or business plans, including areas of continued concern or weakness;
  • Make recommendations to resolve areas of concern or weakness; and
  • Provide detailed reports to the stakeholder of findings and recommended next steps.

MBAF can also perform portfolio assessment services that are designed to evaluate the financial performance of a portfolio under various scenarios. Through a review of underlying assets, MBAF can provide alternative courses of action aligned with management's current or anticipated operating and liquidity requirements.

Asset and Business Monitoring Services

Receiverships and Fiduciary Services require individuals and teams that can rapidly and flexibly react to crisis or troubled situations with civil and criminal concerns. We are very familiar with the proceedings and activities involved in the appointment of a Receiver or other Fiduciary. MBAF has been successful in providing these services due to our skill in assessing and acting prudently, yet urgently, in typical situations involving incomplete information, unexpected circumstances, and difficult facts. Our Receivership and Fiduciary Services include:

Appointment, Marshalling, and Control

  • Review and provide feedback on the fiduciary or receivership appointment order and other first day orders for appropriate scope, tools, and responsibilities;
  • Perform on-site inspection of the assets or business under fiduciary supervision;
  • Inventory and secure all operating, technology, and financial assets under the scope of the fiduciary;
  • Identify and escalate areas of concern resulting from reviewing operating, technology, and financial assets;
  • Understand and assume operating and financial control of assets or businesses;
  • Establish necessary communications with key stakeholders, including financial institutions, creditors, and other interested parties; and
  • Determine which existing staff is critical, competent, trustworthy, and cost-effective to retain in operating business or assets.

Assessment and Stabilization

  • Establish working relationships with retained employees and key stakeholders, including financial institutions, key creditors, and regulatory agencies.
  • Analyze current business or asset operations;
  • Analyze historical financial statements;
  • Identify factors contributing to current or anticipated operational, financial, or legal distress;
  • Determine an asset or organization's viability under various operating and financial strategy scenarios;
  • Estimate recovery strategies, including asset dispositions, as applicable;
  • Evaluate debt restructuring needs, as applicable;
  • Identify local, state and federal income tax strategies or compliance issues and formulate approach for resolution;
  • Evaluate stakeholder relationships and claims;
  • Evaluate going-concern and liquidation analyses; and
  • Establish viable business or reorganization plan and strategies to address current or anticipated distress and comply with court orders.

Operation

  • Perform daily operating activities, involving collection of cash receipts and the processing of court authorized disbursements;
  • Supervise and manage ongoing daily business or asset operations, including related personnel;
  • Supervise contractual obligations and rights of asset or business relationships;
  • Maintain understanding and control of legal actions, where appropriate, as it relates to a Receivership case, business, or assets under fiduciary supervision;
  • Provide periodic accountings and budgets of all income and expenses of the business or assets, as necessary;
  • Perform forensic accounting analyses, where required, to evaluate concerns regarding breach of contract, fraud, corporate waste, insolvency, fraudulent transfer, or other economic loss concerns;
  • Resolve or address disputed claims with key stakeholders;
  • Provide support for e-discovery requests or other litigation, as required; and
  • Comply with Court and regulatory requirements relating to the business or assets.

Distribution, Liquidation

  • Perform asset disposition services relating to all or a portion of a business or assets;
  • Provide turnover support for asset disposition or transition once fiduciary services are completed; and
  • Provide distribution of Estate proceeds pursuant to Court orders and Fiduciary instructions.

Reporting to Court and Stakeholders

  • Maintain records of communications and reports with key stakeholders; and
  • Establish and provide periodic operational and financial reporting to Court and other stakeholders.

Bilingual capabilities in performing Restructuring, Monitoring, Receivership and Fiduciary Services.

Our expertise in dealing with international clients makes us comfortable in providing these services in Spanish. We have international experience in providing forensic accounting services and litigation consulting services supporting these types of complex situations.

Provides Restructuring, Monitoring, Receivership and Fiduciary Services in various industries. As part of MBAF, we use our MBAF Principals with relevant experience and the Firm's industry expertise to assist us in particular cases which includes:

  • Automotive Dealerships
  • Banking and Financial Institutions
  • Government Agencies
  • Healthcare
  • Hospitality
  • Manufacturing
  • Non-Profit Organizations
  • Professional Service Firms
  • Professional Sports Franchises and Athletes
  • Real Estate and Construction
  • Retail
  • Securities
  • Technology
  • Telecommunications
  • Wholesale and Distribution