The claim of deepening insolvency – where officers, directors, lenders, accountants, auditors or other parties are held responsible for wrongfully prolonging the life of a company – continues to be a lightening rod of controversy for bankruptcy courts.
09-14-2006 Pessimism Grows: Many Corporate CFO's Are Turning Sour On U.S. Ecomony
Many chief financial officers are turning pessimistic about the state of the U.S. economy, and results will include reduced capital spending as well as cut-backs in plans to hire new workers, according to the quarterly CFO survey conducted by Duke University and CFO magazine.
09-12-2006 US Trade Gap Hits a Record $68b in July
The trade deficit increased to $68 billion in July as record oil prices pushed America's foreign oil bill to the highest level in history, the Commerce Department reported yesterday.
04-07-2006
Roderick Lloyd Appointed to Business Advisory
Council. View PDF.
02-10-2006 U.S. Trade Deficit Hits All-Time High
The U.S. trade deficit soared to an all-time
high of $725.8 billion in 2005, pushed upward by record imports of oil,
food, cars and other consumer goods. The deficit with China hit an all-time
high as did America's deficits with Japan, Europe, OPEC, Canada, Mexico
and South and Central America. The Commerce Department reported Friday
that the gap between what America sells abroad and what it imports rose
to $725.8 billion last year, up by 17.5 percent from the previous record
of $617.6 billion set in 2004.
12-14-2005 TDB RESEARCH
ARCHIVE REPORT: Companies with Debt
Forgiveness*
147 Companies with Debt Forgiveness in the First Nine
Month of 2005, Rapidly Increasing and Recording the 2nd Highest in History
- 39 Cases in the Service Sector, Setting a Record-High
09-14-05 JOBLESS CLAIMS RISE TO LARGEST AMOUNT IN
NEARLY A DECADE ON KATRINA; ENERGY PRICES SOAR
A total of 68,000 Americans lost their jobs due to Hurricane
Katrina and filed for unemployment benefits last week, pushing these applications
up by the largest amount in nearly a decade. View Article
08-22-05 Effect of New Bankruptcy Code
A recent poll taken by the Turnaround Management Association “TMA” found
little to like in the revised code. Simply put, the requirements for filing
are now more stringent and, once in Chapter 11, the new arrangements weigh
firmly in favor of creditors.
4-27-05 - "Bankruptcy of Long-Established Companies" in
Japan Reached 27.3% in 2004, setting an all time record high”
The Component Rate Jumped about 2.6 times in the Past Decade – Is
it time for many senior US Corporations to heed these early warning signs from
Japan and take preventative action?
4-20-05 - CPI Report: INFLATION IS BACK!
The main problem for the stock market is the undeniable fact
that inflationary pressures are increasing. This week, the catalyst setting
off the worst reaction to those fears was the Wednesday report that the core
rate of CPI in March rose 0.4%. That was well above the expected 0.2% increase,
and followed on a 0.3% February increase. These levels are up sharply from
a year ago. The release of the Federal Reserve Beige Book later that day poured
more fuel on the fire. The trends from the Federal Reserve districts, based
on anecdotal reports, were that "upward price pressures have strengthened" and
that "high energy prices were already, or could soon be, damping consumer
demand."
March ’05 – Turnaround Management Association
“BANKRUPTCY SHOULD BE LAST, NOT FIRST, OPTION……
NEGOTIATIONS ARE KEY TO OUT-OF-COURT RESTRUCTURES”
“Companies fall into distress for many reasons. When they do, management’s
first reaction often is to file for Chapter 11 bankruptcy. However, filing
bankruptcy should be a company’s last resort because higher returns for
all stakeholders at a lower cost can be achieved through an out-of-court restructuring
or liquidation. In addition, the chances for a successful operating turnaround
increase without the negative publicity a bankruptcy filing often generates.
A competent turnaround professional can assist in evaluating a company’s
position and creating a viable action plan. In addition, an independent turnaround
professional may provide a company with badly needed credibility when it comes
to approach creditors to ask for concessions.”
“This approach has always been the primary strategy for this firm’s
engagements”
Roderick J. Lloyd - Lloyd, Benton & Taylor, LLC.
03-03-05 - Survey: CFOs less optimistic about economy
Business optimism is dropping in the United States, according to a survey by
Duke University and CFO Magazine.
The quarterly survey asks chief financial officers from a range of public and
private companies globally about their economic outlook.
This quarter, only 46 percent of CFOs in the United States are more optimistic
about the economy than they were last quarter, continuing a downward trend
from the past year.
Fifty-five percent of CFOs had a positive outlook in the fourth and third quarters,
and more than 70 percent were optimistic in the second quarter.
"This is the least optimistic that CFOs have been in the last two years," said
John Graham, professor of finance at Duke's Fuqua School of Business and director
of the survey.
CFOs are concerned that inflationary labor costs and the depreciating U.S.
dollar will hamper economic growth. They are also concerned about the cost
of health care, the federal budget deficit, high fuel costs and an increasingly
competitive economic environment, all of which will slow earnings and capital
spending growth in the coming year.
The survey was concluded Feb. 27 and reflects responses from 534 CFOs, including
293 from the United States, 183 from Asia and 58 from Europe.
02-10-05 Debt Forgiveness the Preferred Option for
Japan’s Recovery Lloyd, Benton & Taylor, LLC has always advocated this approach
for its clients rather than the destructive process of signing away control
of a business to the Bankruptcy Courts. Since the Japanese economy has been
in recovery for a much longer period than that of the USA, Japan may be a very
good model for us to follow. View Article
02-01-05-Washington, D.C. House Majority Leader Tom DeLay (R-TX), NRCC Chairman Tom Reynolds
(R-NY) and the National Republican Congressional Committee (NRCC) announced
today that Mr. Roderick J. Lloyd has been chosen as a 2004 Ronald Reagan Republican
Gold Medal Award winner.” View PDF
10/01/04 – Bankruptcies
The
year 2003 showed a small improvement with 35,057 filings. However, the figures
for the first half of 2004 already record 18,815 businesses filing for Bankruptcy
protection – an increase on
the same period for the previous year.
8/01/04 - Presidential Appointment. Roderick Lloyd has been nominated to the Presidential Business Commission. Click
here for more.
7/26/04
- Exide Technologies: Blackstone Asks US
Bankruptcy Court for $9.3 Million Final Fees
The Exide Technologies Debtors employed The Blackstone
Group, LP, to provide financial advisory services in connection with a possible
restructuring of certain of their liabilities.
Our approach to the turnaround process at Lloyd, Benton & Taylor is
in sharp contrast, we do not charge for
advice, we only charge for results! [Visit LBT Home Page / 90 day
debt restructuring on 100% success fees]
4/30/04 - Presidential Business Commission Selection
NRCC Chairman Tom Reynolds announced today that Roderick Lloyd
of Fort Lauderdale has been selected to represent the State of Florida on the
new Presidential Business Commission. View PDF Press Release View HTML Press Release
11/4/03 - Job Eliminations Following our own 10/3/03 press release on the subject of 'Layoffs',
Chicago based recruiters Challenger, Gray & Christmas, Inc., reported
yesterday that in October companies announced plans to eliminate 171,874
positions, more than double the announced September layoffs of 76,506.
Hardest hit were the automotive industry, who planned to eliminate 28,363
jobs, followed by the retail sector with 21,169 losses and the telecommunications
industry which plans to slash another 21,030 jobs. Of even greater concern
was a poll recently conducted by Challenger which showed that 78% of the
nation's human resources executives did not expect to see a significant
upturn in hiring until the second quarter of 2004. 11% of those polled
said that there would be no rebound in hiring at all in 2004!
10/3/03 - LBT Press Release
Florida Firm Offers Troubled Businesses an Alternative to Layoffs Fort Lauderdale,
Florida, October 3, 2003. Click here for more.
9/6/03 - The New York Times Job Losses Mount
The Labor Department announced yesterday that 93,000 jobs were lost in August
- more than double the 44,000 jobs lost in July. Not since World War II has
employment failed to grow for so long a period even with the help of a recovering
domestic product. Compare this figure with our 7/3/03 posting below.
8/18/03 - Bankruptcies The American Bankruptcy Institute reports today that personal bankruptcies
have surged over the last year, with more Americans filing for protection than
ever before, up from 1.4 million for the year to June 30, 2002 to 1.6 million
for 2003. A total of 440,257 bankruptcy petitions were filed between April and
June this year, surpassing 2003's first quarter all time record of 412,968.
The record shows that the culprit is excessive debt based consumer spending.
While at the same time, we hear that consumer spending is reckoned to be the
'engine' of the economy leading us out of recession?
7/03/03 Washington DC - Economic Figures
June Unemployment Rate Highest in 9 Years The Labor Department reported today that businesses slashed 30,000
jobs last month. The economic slump has now cost nearly a million jobs in just
the last three months. This has caused the nation's unemployment rate to soar
to 6.4%, the highest level in more than 9 years.
6/26/03 - Job Market Worst Since Early 1990's.
The June 2003 survey by Manpower reveals that three out of four employers expect
to cut jobs or hold off on hiring this summer, contributing to the worst employment
market since the early 1990's.
6/26/03 - Fed Lowers Interest Rate
The Federal Reserve has decided to cut its benchmark interest rate by a-quarter
of one percent. The move means that the Fed funds rate goes down to its lowest
level since 1958.The Fed says the economy has yet to show sustainable growth
- on the contrary there is now a real danger that the present economic weakness
could trigger a destabilizing fall in prices. There is also the fear that ultra-low
interest rates may encourage consumers and businesses to take on debt that will
prove difficult to repay when rates rise. It seems that the 1930's economy may
have crept up on us. A further 1/2% drop and rates would match those prevailing
in 1929/30. If history is any guideline, by 1933 the prime rate had plunged
to 1.5%!
05/07/03 - Lead Story in Wall Street Journal, New York Times and Washington
Post
Fed fears falling prices and expresses concern over deflation. This statement
is almost a 180 degree turn from the Fed's position just two months ago, do
they really know where we are heading?
4/10/03 - Press Release Business Roundtable (BRT) Economic Outlook Survey BRT, comprising America’s leading CEOs, released their survey
today on the prospects for the next six months. It reveals a weak economic outlook
and a continuingly pessimistic trend. The major concerns were:
• Only 9% of US Companies anticipated hiring new employees whereas 45%
were planning layoffs.
• “Ample Capacity” coupled with excess inventory is causing
a collapse in business spending – 27% of companies polled will be reducing
their investment spending over the next six months.
• Projected quarterly earnings are at their lowest levels for two years.
• Declining consumer confidence coupled with rising costs are cited as
the main culprits.
News
02-10-05
Debt Forgiveness the Preferred Option for Japan’s
Recovery
Lloyd, Benton & Taylor, LLC has always advocated
this approach for its clients rather than the
destructive process of signing away control of
a business to the Bankruptcy Courts. Since the
Japanese economy has been in recovery for a much
longer period than that of the USA, Japan may
be a very good model for us to follow. The following
study was released today by Teikoku Databank:
THE ROLE OF DEBT FORGIVENESS IN JAPANA Study
by Teikoku Databank America
153 Companies with Debt Forgiveness in 2004
Historically the Highest Number of Companies
with Debt Forgiveness by Banks
Introduction
Options for a recovery scheme by corporations
have tremendously increased such as the issuance
of shares against debts, division of company,
and mergers of corporations. It is obvious that
corporations in a slack or in excessive debt
tend to choose "Recovery over Bankruptcy" to
avoid legal reorganization. More attention is
given to the importance of financial aid such
as debt forgiveness, due to active re-constructions
by the Industrial Revitalization Corporation
and Resolution and Collection Corporation (RCC),
in addition to the rise of the Corporation Reconstruction
Fund. Although bad debt issues enter in its final
phase, it is essential for a corporation's and
an industry's recovery to have financial aid
with an option of debt forgiveness.
Teikoku Databank conducted research on companies
that made it through their debt forgiveness option,
which include surviving companies and companies
which had reorganized, dissolved, or merged after
releasing liabilities between 1985 to Sept 30,
2004. All are principally counted at the time
of reaching an agreement in debt forgiveness.
This is our 11th research effort after the most
recent one in May 2004.
<Research Results>
· There were 1,044 companies with agreements
in debt forgiveness, with a record-high of 251
in 2001. In 1994, self-reduction of excess debt
hit the limit, which created an upward increase
in the number of companies in debt forgiveness.
It is now 153 in 2004 (through Sept 30), and
increasing.
· By Pattern: The most common pattern
of debt forgiveness is "Parent Company (Non-Bank)
to Subsidiary" with 601 cases (57.6%), followed
by 165 (15.8%) in "Bank to General Company" and
109 (10.4%) in "Bank to Group Company".
In 2004 (through Sept 30), the number of debt
forgiveness by "Bank to General Company" is
at a record-high of 50 and continues to grow.
· By Sector: The "Manufacturing" sector
with 171 companies (16.4%) exceeded "Non-Bank" with
149 (14.3%), followed by "Wholesale" with
117 (11.2%), "Service" with 111 (10.6%), "Construction" with
92 (8.8%), "Retail" with 86 (8.2%), "Real
Estate/Housing" with 85 (8.1%) and "Third
Sector" with 19 (1.8%). It has been dominated
by the "Non-Bank" sector until 1996.
After 1999, it spread to wider sectors including "Construction", "Retail",
and "Real Estate/Housing" and a rapid
increase is seen in the "Manufacturing" sector
in 2004. “
LLOYD,
BENTON & TAYLOR, LLC
110 E. Broward Blvd., Suite 1700, 17th Flr., Ft. Lauderdale, FL 33301
Tel: 1.800.256.0966 or 954.315.3867 - Fax: 954.315.3899
Lloyd Benton & Taylor, LLC is
not a law firm nor does it provide legal advice. Suitable legal counsel
can be arranged if required.
Lloyd Benton & Taylor, LLC is a corporate debt restructuring company
based in Fort Lauderdale, Florida that handles business debt resolution,
corporate turnaround consulting, business turnaround management, corporate
crisis management, business debt negotiation, and business debt consolidation. Corporate Debt Restructuring - Business Debt
Restructuring - Business Debt Resolution - Corporate Debt Resolution
- Business Debt Reduction - Corporate Debt Reduction - Business Turnaround
Consulting - Corporate Turnaround Consulting - Business Turnaround Management
- Corporate Turnaround Management
Business Crisis Management - Corporate Crisis Management - Business Debt
Negotiation - Corporate Debt Negotiation - Business Debt Consolidation