Economic Times Main Syracuse ambulance company files for bankruptcy; change won’t likely …
Douglas E. Castle‘s insight:
After reading the article, it struck me as fascinating how the Economic Times was callng this Chapter 13 abankruptcy (as if it were a death knell for the ambulance company), and that the ambulance company spokesman, out of political training, or out of ignorance, called the proceeding "a routine reorganization….the company’s service will not be affected." The reason for the publication taking a more fatalistic view is that most companies of small to medium size ultimately wind up transitioning [atrophying] into Chapter 7 (a liquidation of asets, usually by auction), with a complete cessation of activities, The "reorganization" is basically a court intervention which just forestall (in most cases) a liquidation.
This fatalistic perception has permeated all of society because of the sad fact that those companies which are not "too big to fail" do not do anything constructive during the Chapter 13 reorganization period in terms of formulating and implementing an Emergence Plan to leave Chapter 13 and emerge as a streamlined, smarter, better-run enterprise. It takes an expert with a great deal of knowlege to get into the company, correct its trajectory objectively and candidly, in order to navigate through the "reorganization" into a newer, better way of doing business.
Lamentably, most businesses tend to just use Chapter 13 as an excuse to continue making the mistakes that brought them to the courthouse in the first place. That’s very foolish. They need to be turned around by a visionary from the outside with an objective view and a firm hand regarding suggestions and implementation.
There are all types of tools, terms and radical actions used to describe techniques, protocols or proceedings at law for businesses that are troubled, and these terms tend to be tossed around loosely in a crisis management panic mode; the most popular ones are turnarounds, restructurings, bankruptcies [actually protection pursuant to Chapter 13 of the Federal Bankruptcy Code] trustees, “Chief Restructuring Officer/Advisor” [a title which is becoming increasingly popular and that I increasingly wear], bulk asset transfers, immediate cutbacks (or summary firings, usually of the wrong individuals).
The first step to undertake if you are a concerned party – a possible litigant, a person or fund who/which stands to lose, even an employee labor organization (formal or otherwise) which has a vested [no pun intended] interested in being able to permit its members to provide for their families’ basic needs. The air is filled with tension and fear. Clear thought is rare.
Before getting to the Checklist, be certain to do the following, as an involved person and as a key decision maker:
1) Think things through quietly and with complete focus;
2) Engage in financial triage – prioritize — assess the possible extent of the damage (be pessimistic in your estimates), and what five measure must immediately be taken to stop the situation from worsening. Don’t look at cause and effect or shaming and blaming; you haven’t the luxury of either time or immaturity;
3) Do not take action yet;
4) Assemble your core team or “kitchen cabinet” an advise them, in confidence, that a crisis is has occurred (and is still occurring);
5) Arrange an emergency meeting with your attorneys and accountants, as well as your core team. Then explain the situation in plain, noninflammatory language, appoint or hire your Chief Restructuring Officer and have him or her chair the meeting, wherein you review the points or topics set forth hereunder:
Conglomeration Or Other Business Combinations Of Expedience
The Chief Restructuring Officer now has to coordinate the efforts of the team for optimum, timely performance and corrective action.
As always, thank you for reading me, and for turning around (deliberate, contrived but funny choice of term) and sharing my articles with your colleagues, connections and topical groups through your social media platforms using your ever-expanding arsenal of social media sharing tools.