Services
What we prepare
Six deliverables cover most of what a Subchapter V or Chapter 11 case asks of the debtor's finance function. For each one: what you receive, what we need from the debtor, and when it is due in the case.
13-week cash flow forecast
- Used for
- First-day and cash collateral motions, DIP budgets, weekly variance reporting
- When
- Petition week, then weekly
- You receive
- Weekly receipts and disbursements by category, thirteen weeks forward, with opening and ending cash tied to the bank
- Assumption sheet the reviewer can check: collection curve from the aging, payroll calendar, rent and tax dates, professional fees
- Actual-versus-forecast variance each week with a one-line explanation per material variance
- We need
- Bank statements, A/R and A/P agings, payroll register, lease and debt schedules, the current budget if one exists.
- Sample
- Sample 13-week model (PDF, 12 pages), illustrative composite, not a client
Monthly operating report
- Used for
- Reporting under §308 and Rule 2015(a)(6) on Form 425C, or UST Form 11-MOR outside the small business track
- When
- Every month of the case
- You receive
- Completed Form 425C or UST Form 11-MOR with every exhibit the form calls for: receipts, disbursements, unpaid post-petition bills, receivables, professional fees
- Bank reconciliation for each account, so cash on hand on the report ties to the statements
- Projected-versus-actual comparison carried forward month to month, as the form requires
- We need
- Bank statements, general ledger or QuickBooks access, prior month’s report, the case’s reporting orders.
- Note
- Local rules and the U.S. Trustee’s regional guidelines set the due date and supplemental documents. We calendar the earlier of the two.
- Report only
- Monthly report only, $1,500 a month: monthly operating report service (Form 425C)
- Sample
- Sample MOR package: Form 425C with Exhibits A–F (PDF, 14 pages), illustrative composite, not a client
Cash collateral and DIP budgets
- Used for
- Motions and orders under §363 and §364, lender consent, budget compliance reporting
- When
- First weeks, then per order
- You receive
- Budget in the line-item format the lender and the order require, with the permitted variance stated
- Compliance certificate or variance report on the schedule the order sets
- Reconciliation of the budget to the 13-week forecast and the monthly operating report, so the three documents tell one story
- We need
- Proposed or entered cash collateral or DIP order, lender’s reporting requirements, the 13-week forecast.
Plan projections and feasibility
- Used for
- Feasibility under §1129(a)(11); for a nonconsensual Subchapter V plan, the disposable income and ability-to-pay requirements of §1191(c) and (d); the best-interests test under §1129(a)(7)
- When
- Plan filing and confirmation
- You receive
- Projected income statement, balance sheet, and cash flow for the plan term, monthly in year one and quarterly after, with plan payments as their own line
- Written assumptions tied to the debtor’s filed operating reports and pre-petition history
- Liquidation analysis and, for a nonconsensual Subchapter V plan, the disposable income calculation
- Sensitivity cases showing the plan still funds under a stated downside
- We need
- Plan term sheet or draft plan, claims register, the operating reports filed to date, tax and lease information.
- Sample
- Sample plan budget model (PDF, 7 pages), illustrative composite, not a client
Lender, trustee, and committee reporting
- Used for
- Periodic reporting required by orders, Subchapter V trustee monitoring, committee information requests
- When
- As ordered
- You receive
- Reporting package on the cadence the order or the trustee sets, built from the same ledger as the monthly operating report
- Responses to information requests with the source document referenced
- We need
- The orders and requests themselves, plus the books.
Retention paperwork
- Used for
- Application under §327, disclosure under Rule 2014, engagement letter, proposed order
- When
- At engagement
- You receive
- Declaration of disinterestedness and connections under Rule 2014, engagement letter with scope and compensation terms, proposed order, all in a form counsel can file
- Time records and fee applications under §330 and §331 in the form the court and the U.S. Trustee require
- We need
- Creditor matrix and list of parties in interest for the connections check.
Fees
Fees are fixed by deliverable and set out in a one-page scope before work begins.
Setup
- Fee
- $4,500, once
- What it covers
- The first 13-week cash flow model, the cash collateral budget, and the monthly report set up with opening balances and exhibits. About two weeks from the day we have complete records. If a first report or a cash collateral budget is due sooner, tell us the date and we start with that document.
Monthly
- Fee
- $2,500 a month
- What it covers
- Form 425C with its exhibits (UST Form 11-MOR in a case that is not a small business case), the 13-week model updated every week, and the forecast-to-actual variance report.
Plan projections
- Fee
- $4,500, once
- What it covers
- Projections for the plan term, written assumptions, the liquidation analysis, and a downside case.
- Fee
- $1,500 a month
- What it covers
- Form 425C with its exhibits, the next-month projection the form asks for, and a bank reconciliation for each account. For a case with no cash collateral order and no lender asking for a weekly budget.
Setup, six months of monthly work, and plan projections come to $24,000.
Testimony and hearing attendance by video, where the court permits it, on the documents we prepared, are included. If the court requires us in person, court time is billed at $375 an hour, travel time at half that rate, and travel costs at cost with receipts.
The debtor, through counsel, applies to the court to retain us under §327 as its financial advisor. The fees are disclosed in that application and are subject to court approval; the application asks the court to approve the fixed fees under §328(a). We prepare the Rule 2014 declaration, the engagement letter, and the proposed order, and we keep time records throughout the case.
Fees are paid by the estate on fee applications the court approves, on the schedule the court sets. Any retainer is stated in the scope and held until the court allows payment.