Signs of Financial Distress in a Company

Dealing with the prospect of financial distress is obviously unsettling. People can potentially lose everything they have worked for their entire lives. Risks abound, with cash crises, creditor pressures, employee defections, and so forth. In addition, professionals and others have their hands out for fees (going broke ain’t cheap) and companies should be rightly concerned about “agendas” that may differ dramatically from those of the company, its owners and its management.

I Don’t Have Much of an Economic Stake. Why Not Just Give the Company to Creditors?

Why do I care what happens in the financial restructuring? Why not just give the company to creditors? One constant across a sea of distressed restructurings is that the various constituencies of a company will have differing views as to values and related parameters. After all, each is myopically focused on its own recoveries. Left to their own devices, these groups may squabble as long as they can.

My Board is ultra-nervous about getting sued.

Every situation is different, and needs its own legal scrutiny. And we are not attorneys. But we will tell you that Board members will be inundated with many lawyers and well-wishers telling them that they need to sue for peace with the creditors in order to get releases. Many of these directors, particularly those who have never been through the distressed experience, will be rightly concerned.