Workout & Insolvency

For over one hundred years NACM Southwest has served the business and credit community by bringing together financially distressed companies and their creditors to explore win-win solutions. Countless thriving business relationships today owe their preservation to the skilled guidance of NACM Southwest workout professionals.

Likewise, for decades NACM Southwest has provided behind-the-scenes services that reduced the expense of administering bankruptcies and liquidations, thereby increasing recoveries to creditors. This work is largely invisible to all but the insolvency professionals who hire NACM Southwest for this vital support.

To learn more about NACM Southwest's Workout and Insolvency Services, contact
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Profile of Workout Services

  • Customer demonstrates spiraling delinquency with trade creditors, lack of clear resolution plan, but willingness to communicate with creditors to avert worst-case scenario
  • Creditors contact NACM Southwest to begin preliminary information-gathering and efforts to convene a meeting between creditors and the debtor customer
  • Through a process including comprehensive disclosures and open dialogue, NACM Southwest helps creditors and the debtor customer work together to find a solution serving all parties' interests
  • If a workout plan is adopted, NACM Southwest communicates the details to all creditors and takes responsibility for monitoring the debtor customer's compliance
  • In the event of non-compliance, or if no workout plan is feasible, NACM Southwest can assist the parties in evaluating their options and pursuing appropriate remedies
  • NACM Southwest staff approaches each workout upon its own unique characteristics and merits, without imposing formula structure on the process or the parties
  • Fees for Workout Services may be allocated between the debtor customer and creditors, or among creditors pro rata, and are significantly lower than fees typically charged by legal, accounting and consulting professionals.

Profile of Insolvency Services

  • Creditor receives notice that an insolvency proceeding (bankruptcy, receivership, assignment for benefits of creditors, etc.) has been filed for a debtor customer
  • Creditor elects, or is appointed, to play a decision-making role in the insolvency proceeding
  • Credit notifies other creditors serving in the proceeding that NACM Southwest provides services supporting all aspects of insolvency administration
  • NACM Southwest, working with the insolvency case professionals, may play any number of roles in a case, from serving as secretary to a creditors' committee in a simple $1Million Ch. 11 (providing committee notices and communications, taking and preserving records and minutes of committee meetings, and logistical support for other committee professionals), to handling the full range of noticing, claims reconciliation and disbursement functions in a complex $1Billion reorganization or liquidation.
  • Fees for Insolvency Services are typically paid from the debtor estate as administrative expenses, which makes NACM Southwest's below-market charges (as a non-profit member-owned association) a significant factor in preserving estate assets, thus leaving more funds for distribution to creditors
  • Assignment for the Benefit of Creditors. In cases where recoveries to creditors would be unnecessarily diminished by the expense and procedural constraints of bankruptcy, NACM Southwest serves as Assignee for the benefit of all creditors under negotiated terms. NACM Southwest Assignments usually provide for the liquidation and distribution of debtor assets with greater flexibility and timeliness, and at lower cost, than bankruptcy proceedings.
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