How to make search Chapter 11 protection, which can help you reorganize while shielding you from creditors
By Jeremy Quittner
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Immunicon’s insolvency lasted just five months, says Hewett, but morale suffered Bill Cramer
Immunicon’s pride days were in 2004. The collection, which had developed a tumor screening technology for cancer patients, had landed $85 the multitude in venture metropolis, then went on to enlarge $55 million in an initial public offering. Each year, sales more than doubled. “We believed that Immunicon had the potential to be a company with a $500 million-plus place of traffic cap,” remembers Byron Hewett, Immunicon’session chief executive at the hour of travail.
But Immunicon had yet to turn a profit. It had burned through $150 million on research and development and was eating up $20 the masses to $30 million a year in operating costs. In 2006, the company began to stumble. It sold $30 million in convertible offence, greatly restricting management’s flexibility. The next year, it became embroiled in a protracted and costly umpirage with its marketing partner, a aiding of Johnson & Johnson called Veridex. Immunicon ultimately had to shell out $16 million. “It was a death sentence,” Hewett says. “There wasn’t enough revenue growth to sanction the business, and we were thoroughly of momentum. We could not go back to the public market to raise currency.”
Immunicon decided to seek Chapter 11 insolvency protection in June 2008, in hopes that this would facilitate the sale of the company. Far from the heady days of going public, its management now raced to rustic together a reorganization plan to pay not upon creditors and shareholders while staving not upon liquidation.
No one wants to learn about insolvency the hard way—that is why, by the economy struggling, it’s carping to understand how it works. In the third part cut to pieces of 2008, Chapter 11 filings numbered 2,485, up 94% from the like share in 2007, according to the American Bankruptcy Institute in Alexandria, Va.
If you’re faced with insolvency, Chapter 11 may let you reorganize your company while shielding you from creditors and discharging unsustainable debt. It’s fundamentally different from Chapter 7, which hands your business over to a court-appointed trustee for a formal liquidation. Chapter 11 lets you retain direct and, in many cases, emerge with a clean slate. While the demand of a dealing is a of common occurrence outcome of Chapter 11, that may check be better than shutting into disfavor.
Keep in mind, however, that bankruptcy is expensive and time-consuming. And 9 out of 10 companies never emerge from Chapter 11, experts pronounce. “Most struggling small businesses have maxed out [management’session abilities], and it is an incredible drain on resources to have to divert management adapt to the occasion to running Chapter 11,” says Cathleen Moran, an attorney with Moran Law Group in Mountain View, Calif. She says small business bankruptcies can cost $15,000 to $25,000 in legal fees for a dependant, and larger cases often run into the millions. Immunicon’s legal bill was $500,000.
In most cases, you’ll need a insolvency attorney. But you’ll besides need financing to meet the immediate monetary obligations of the business while you’re in Chapter 11. Then you’ll need to toothed a reorganization plan and negotiate with your creditors to achieve the plan approved. The faster this gets done, the better.
CRUCIAL LOAN
The beauty of Chapter 11 is that it can abet you get rid of unsustainable debt. But unless you have enough personal savings to float the business, you’ll indigence so-called debtor-in-possession (DIP) financing, which is senior to all other debts and claims. In what is probably the best-case scenario, your bank will renegotiate each older secured loan on new terms. Or a new bank may agree to take on a renegotiated loan from the previous bank, and perhaps reach again financing.
With rely upon tight, however, DIP financing can subsist hard to come by. Cincinnati’s Riemeier Lumber, an 84-year-old company with 100 employees, started looking for DIP financing in 2008. Two years earlier, the social meeting had moved aggressively into residential construction, buying a local company that made trusses. But Reimeier, which had $58 million in 2005 revenues, saw sales halved to $29 million for the reason that the housing place of traffic nose-dived and customers stopped paying. The owners couldn’t find DIP financing, for a like reason the company couldn’t file a petition for Chapter 11. ”
Original text: http://www.businessweek.com/magazine/content/09_62/s0902056581860.htm?campaign_id=rss_smlbz