**Warning: This podcast is not a substitute for professional financial or legal advice. Be sure you speak to a CRO or Lawyer before filing for Bankruptcy.**

 Welcome to Corporate Bankruptcy A to Z, a show designed to educate you on the ins and outs and the dos and don'ts of corporate bankruptcy. On this show, you will hear experts from every step of the bankruptcy process answer the questions that you will need to know, from the simple to the complex.
 
 Find more at corporatebankruptcyatoz.com

04:17 – What is Debtor in Possession Lending (DIP loan)
04:49 – Is a DIP loan is different from a conventional loan?
05:13 – New DIP lender’s higher level of protection – 1st lien
07:27 – Is a DIP loan like a line of credit or term loan?
08:03 – How long should the DIP loan stay in existence?
09:05 – Why a lender would want to make a loan to a company in bankruptcy
10:06 – Legal position of the new lender
10:52 – Other reasons for a DIP loan if you arent needing to pay vendors
12:12 – Requirements to get a DIP loan
13:20 – Why the DIP loan gets preference over all other debts
18:10 – Who has control over cash receipts for a DIP loan
19:28 – Is the DIP loan mutually exclusive from the bankruptcy?
20:25 – Cash available on a DIP loan
21:38 – Are personal guarantees necessary to get a DIP loan?
22:20 – How would new personal guarantees needed to get a DIP loan impact other PG’s
24:06 – Are interest rates higher for a DIP loan?
24:43 – Collateral necessary to get a DIP loan?
26:00 – Parting words on DIP lending – Look for the best deal
28:11 – Highlights from Mike’s DIP best case
32:06 – Overtime

Guest Info:
Mike Fussell oversees new business opportunities and provides guidance in structuring credit facilities to middle-market companies utilized for growth, acquisitions, turn-arounds and general working capital needs. He maintains relationships with Aegis’ capital providers and serves as Chair of the Credit Committee. Michael has over 15 years of experience in finance with positions at RBC, PNC and Wells Fargo serving in various commercial banking capacities.

Call him 813-437-2511

Host Info:
Neil Goldstein (AKA the Workout Guy) is the founder of Elementary Business inc. a specialized consulting firm for distressed businesses and entities in transition.  With many successes in his portfolio, Mr. Goldstein focuses on the needs of the owner to achieve results in profitability, sale of the company or finding a partner for growth.

Neil's book is now available on Amazon.com
Call 940-808-9451 or Email neil@elementarybusiness.com or visit ElementaryBusiness.com.

Stephen B. Ravin is a highly seasoned insolvency and bankruptcy attorney, with more than 40 years experience. He has served as a trustee and has represented trustees, individual and corporate debtors, creditors, creditors’ committees, assignees for the benefit of creditors and receivers.

Call 973-286-6714. Or email him sravin@saul.com You can also visit his firm's website

Want more content? Then head over to Patreon and become a member. On Patreon we are working on a catalogue of bonus episodes and you can hear the answers to your questions from a business perspective instead of just a legal one. If you want more direct access to Neil and Steve or want to supplement the education you are already getting here, then follow the link in the show notes below and become a Patron today.

**Caution:  Be sure you speak to a CRO or Lawyer before filing for Bankruptcy. This podcast is meant to educate and is not financial or legal advice**

 Welcome to Corporate Bankruptcy A to Z, a show designed to educate you on the ins and outs and the dos and don'ts of corporate bankruptcy. On this show, you will hear experts from every step of the bankruptcy process answer the questions that you will need to know, from the simple to the complex.
 
 Find more at corporatebankruptcyatoz.com

05:19 – Definition of a Merchant Cash Advance, MCA
05:50 – Purchase of future receivable
06:18 – Is an MCA and advance or a loan?
06:43 – The MCA type loan is against a future receivable that may never exist 
07:53 – Primary lender attitudes towards MCAs
09:19 – Confession of Judgement and the impact on the company
12:11 – What happens when a judgement is filed.
13:56 – MCA vs. conventional loans - differences 
16:47 – Usurious interest rates and their tactics to collect
17:40 – Usury laws. Different states have different laws.
19:25 – Does a future receivable equate to a company asset?
22:26 – The MCA takes money from the company’s bank account. Wire or ACH.
23:50 – Company options if it cannot pay the MCA
25:01 – Should MCA companies fear litigation against the company
25:15 – Legal defenses for the company
27.46 – Lender liability laws
29:57 – Recommendations when fighting an MCA
32:06 – Interesting case study

Guest Info:
Marc Mellman spent 20 years as a trial attorney representing banks and financial institutions, 10 years as the chief operating officer of a global energy and environmental brokerage house, and for the past 16 years as a senior executive, general counsel, and management consultant in the factoring and financial services industries. Marc is both the Founder and Managing Director of Clermont Strategic Consulting, a full-service management consulting firm, and the Founder of MCA Stacking Solutions.

Call him (973) 868-0767 or email mmellman@mcastackingsolutions.com

Host Info:
Neil Goldstein (AKA the Workout Guy) is the founder of Elementary Business inc. a specialized consulting firm for distressed businesses and entities in transition.  With many successes in his portfolio, Mr. Goldstein focuses on the needs of the owner to achieve results in profitability, sale of the company or finding a partner for growth.

Neil's book is now available on Amazon.com
Call 940-808-9451 or Email neil@elementarybusiness.com or visit ElementaryBusiness.com.

Stephen B. Ravin is a highly seasoned insolvency and bankruptcy attorney, with more than 40 years experience. He has served as a trustee and has represented trustees, individual and corporate debtors, creditors, creditors’ committees, assignees for the benefit of creditors and receivers.

Call 973-286-6714. Or email him sravin@saul.com You can also visit his firm's website

Want more content? Then head over to Patreon and become a member. On Patreon we are working on a catalogue of bonus episodes and you can hear the answers to your questions from a business perspective instead of just a legal one. If you want more direct access to Neil and Steve or want to supplement the education you are already getting here, then follow the link in the show notes below and become a Patron today.

**Warning: This podcast is not a substitute for professional financial or legal advice. Be sure you speak to a CRO or Lawyer before filing for Bankruptcy.**

 Welcome to Corporate Bankruptcy A to Z, a show designed to educate you on the ins and outs and the dos and don'ts of corporate bankruptcy. On this show, you will hear experts from every step of the bankruptcy process answer the questions that you will need to know, from the simple to the complex.
 
 Find more at corporatebankruptcyatoz.com

3:55 – Corporate by-laws and other documents leading to bankruptcy

6:20 – Remedies when the corporate by laws are inadequate.

7:20 – Presenting a plan to the court – the right timing

9:45 – What is in the plan

10:37– Debts are paid over a flexible period.

13:10 – Who prepares the plan?

14:08 – What happens to the plan after it has been submitted - Disclosure statement

16:12 – Interested parties get to see the plan. 

17:35 – Should the company fear publishing too much information?

18:08 – Days Court needs to review the plan

19:17 – Are most plans confirmed?

20:39 – Procedure for creditors to discuss the company’s plan

21:51 – Interested parties can submit their plan after the exclusivity period

22:53 – How does the court select the best plan to confirm

23:55 – Any consideration given to the existing owners 

24:41 – Advice to clients when preparing a plan

25:56 – Principals and new value that needs to be added

27:23 – After confirmation

28:12 – After exiting bankruptcy

Guest Info:
Marcus A. Helt focuses his practice on restructuring and insolvency matters, emphasizing bankruptcy, corporate restructuring, workouts, creditors’ rights and commercial litigation. Marcus typically represents borrower clients, buyers and other interested parties in all industries.
Call him 214-210-2821 or email Mhelt@mwe.com

Host Info:
Neil Goldstein (AKA the Workout Guy) is the founder of Elementary Business inc. a specialized consulting firm for distressed businesses and entities in transition.  With many successes in his portfolio, Mr. Goldstein focuses on the needs of the owner to achieve results in profitability, sale of the company or finding a partner for growth.

Neil's book is now available on Amazon.com
Call 940-808-9451 or Email neil@elementarybusiness.com or visit ElementaryBusiness.com.

Stephen B. Ravin is a highly seasoned insolvency and bankruptcy attorney, with more than 40 years experience. He has served as a trustee and has represented trustees, individual and corporate debtors, creditors, creditors’ committees, assignees for the benefit of creditors and receivers.

Call 973-286-6714. Or email him sravin@saul.com You can also visit his firm's website

Want more content? Then head over to Patreon and become a mem

Want more content? Then head over to Patreon and become a member. On Patreon we are working on a catalogue of bonus episodes and you can hear the answers to your questions from a business perspective instead of just a legal one. If you want more direct access to Neil and Steve or want to supplement the education you are already getting here, then follow the link in the show notes below and become a Patron today.