Chief restructuring officer

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A chief restructuring officer (CRO) is a senior officer of a company given broad powers to renegotiate all aspects of a company’s finances to deal with an impending bankruptcy or to restructure a company following a bankruptcy filing. The use of CRO’s, who usually have an expertise in the field of business in which the company operates, has been increasing in popularity since the 1990s. CROs are sometimes seen as an alternative to using a Trustee in bankruptcy in a reorganization bankruptcy, because the trustees may not be knowledgeable in field of business conducted by the company.

Bankruptcy legal status of a person or other entity that cannot repay the debts it owes to creditors

Bankruptcy is a legal status of a person or other entity who cannot repay debts to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate.

Further CRO’s give the company management and creditors more of say in the running of a company than a trustee is required to do so. CRO’s have sometimes been compared to “turn around” consultants although the CRO differs from a turn around consultant in that the CRO is an official of the company and has executive power. [1]

A creditor is a party that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money.

While CRO’s officially report to the company and its board of directors, they are considered to have greatly strengthened the hand of creditors since the CRO can make executive decisions following a direct meeting with the creditors. [1] On occasional instances, the CRO can oust the chief executive officer (CEO) or President of the company, as happened in 2012 when Gregory F. Rayburn replaced Hostess Brands CEO Brian Driscoll as CEO a month after being appointed CRO. [2]

Gregory F. Rayburn is an American businessman. He formerly served as Chairman and CEO of Hostess Brands.

Hostess Brands

Hostess Brands is an American bakery company formed in June 2013. It owns several bakeries in the United States that produce snack cakes under the Hostess and Dolly Madison brand names. It is headquartered in Kansas City, Missouri, and is 50% owned by HB Holdings, LLC, a venture set up by Apollo Global Management and C. Dean Metropoulos and Company.

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Corporate titles or business titles are given to company and organization officials to show what duties and responsibilities they have in the organization. Such titles are used publicly and privately held for-profit corporations. In addition, many non-profit organizations, educational institutions, partnerships, and sole proprietorships also confer corporate titles.

Chapter 11 is a chapter of Title 11, the United States Bankruptcy Code, which permits reorganization under the bankruptcy laws of the United States. Chapter 11 bankruptcy is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation can be done under Chapter 11 also; while Chapter 13 provides a reorganization process for the majority of private individuals.

Chief executive officer highest-ranking corporate officer or administrator

The chief executive officer (CEO), or just chief executive (CE), is the most senior corporate, executive, or administrative officer in charge of managing an organization – especially an independent legal entity such as a company or nonprofit institution. CEOs lead a range of organizations, including public and private corporations, non-profit organizations and even some government organizations. The CEO of a corporation or company typically reports to the board of directors and is charged with maximizing the value of the entity, which may include maximizing the share price, market share, revenues, or another element. In the non-profit and government sector, CEOs typically aim at achieving outcomes related to the organization's mission, such as reducing poverty, increasing literacy, etc.

Interstate Bakeries company

Old HB, Inc., known as Hostess Brands from 2009 to 2013 and established in 1930 as Interstate Bakeries Corporation, was a wholesale baker and distributor of bakery products in the United States. Before its 2012 closure and liquidation, it owned the Hostess, Wonder Bread, Nature's Pride, Dolly Madison, Butternut Breads, and Drake's brands.

Debt restructuring is a process that allows a private or public company, or a sovereign entity facing cash flow problems and financial distress to reduce and renegotiate its delinquent debts to improve or restore liquidity so that it can continue its operations.

Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

Rick Wagoner American businessman

George Richard "Rick" Wagoner Jr. is an American businessman and former Chairman and Chief Executive Officer of General Motors. Wagoner resigned as Chairman and CEO at General Motors on March 29, 2009, at the request of the White House. The latter part of Wagoner's tenure as CEO of General Motors found him under heavy criticism as the market valuation of GM went down by more than 90% and the company lost more than $82 billion USD. This led to him being named one of the worst CEOs of 2008. He is a board member of ChargePoint, an electric vehicle infrastructure company.

The chief risk officer (CRO) or chief risk management officer (CRMO) of a firm or corporation is the executive accountable for enabling the efficient and effective governance of significant risks, and related opportunities, to a business and its various segments. Risks are commonly categorized as strategic, reputational, operational, financial, or compliance-related. CROs are accountable to the Executive Committee and The Board for enabling the business to balance risk and reward. In more complex organizations, they are generally responsible for coordinating the organization's Enterprise Risk Management (ERM) approach. The CRO is responsible for assessing and mitigating significant competitive, regulatory, and technological threats to a firm's capital and earnings. The CRO roles and responsibilities vary depending on the size of the organization and industry. The CRO works to ensure that the firm is compliant with government regulations, such as Sarbanes-Oxley, and reviews factors that could negatively affect investments. Typically, the CRO is responsible for the firm's risk management operations, including managing, identifying, evaluating, reporting and overseeing the firm's risks externally and internally to the organization and works diligently with senior management such as Chief Executive officer and Chief Financial Officer.

Restructuring is the corporate management term for the act of reorganizing the legal, ownership, operational, or other structures of a company for the purpose of making it more profitable, or better organized for its present needs. Other reasons for restructuring include a change of ownership or ownership structure, demerger, or a response to a crisis or major change in the business such as bankruptcy, repositioning, or buyout. Restructuring may also be described as corporate restructuring, debt restructuring and financial restructuring.

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SemGroup company

SemGroup transports oil, natural gas and other products across North America through a network of pipelines, processing plants, refinery-connected storage facilities and deep-water marine terminals. The company began trading on the New York Stock Exchange under the symbol 'SEMG' in 2010. The company was originally founded in 2000 and as of 2007 was the 18th largest private company in the US, but filed for bankruptcy in 2008. As of December 2009, the company had restructured and emerged from bankruptcy at a reduced size. The company's headquarters are in Tulsa, Oklahoma.

As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States. It functions as a rescue mechanism for insolvent entities and allows them to carry on running their business. The process – in the United Kingdom colloquially called "under administration" – is an alternative to liquidation, or may be a precursor to it. Administration is commenced by an administration order. A company in administrative receivership is operated by an administrator on behalf of its creditors. The administrator may recapitalize the business, sell the business to new owners, or demerge it into elements that can be sold and close the remainder. Most countries distinguish between voluntary (board-decided) and involuntary (court-decided) receivership. In voluntary administrative receivership, the administrator is appointed by the company directors. In involuntary administrative receivership, the administrator is appointed by a judicial court. The legal terms for these processes vary from country to country, and the processes may overlap.

Antonio Manuel Pérez Álvarez is a businessman from Spain, former CEO of Eastman Kodak Company, based in Rochester, New York, in the United States.

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Peter S. Kaufman is an American investment banker and private equity investor. He is the President and Head of Restructuring and Distressed M&A at Gordian Group LLC, an investment bank and financial advisory firm. He is also a Managing Partner of Bacchus Capital Management, a winery investment concern.

Alvarez & Marsal (A&M) is a global professional services firm notable for its work in turnaround management and performance improvement of a number of large, high-profile businesses both in the USA and internationally such as Lehman Brothers, HealthSouth, Tribune Company, Warnaco, Interstate bakeries, Target, Darden Restaurants and Arthur Andersen.

Henry Furlow Owsley III American banker

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References

  1. 1 2 "Are CROs More Powerful than Turnaround Consultants? Creditors Drive Trend Toward New Title — Turnaround Management Association". Turnaround.org. 2006-10-01. Retrieved 2012-11-20.
  2. Kary, Tiffany (2012-03-09). "Hostess CEO Driscoll To Quit Bankrupt Twinkie-Maker". Bloomberg. Retrieved 2012-11-20.