“Steve, I am so grateful for how you have helped me understand my business and how to achieve profitable growth. “

…This comment is direct from one of my clients whose 2010 profits are on track to exceed plan by at least 50%. Exceeding plan by 50% is worth nearly $350,000. This is one very happy client and there are many more.

What is the one component that every successful client says is the reason they are achieving business profit goals?

The answer is consistently taking action on those areas of their business that make the most difference in growing business revenue and profits.

How do successful business owners and managers consistently guide their companies to outstanding profit performance?

Most have a business coach/mentor who guides them on remaining focused and holds them accountable for taking the right action.

When I look at the difference in business performance among the clients I coach it always comes down to taking directed action or not.

What does directed action mean?

Directed action is a sequential path of steps that achieves business revenue and profit goals.  It is common for business owners to actually be experienced in what to do but are not consistently implementing.  In other cases, they are taught what to do and always held accountable for taking action.

As a business consultant and executive coach with very valuable experience running companies owned by others as well as my own companies (click here for my resume) I know what works and even more importantly I know the mistakes most  make.

What is the number one mistake made by business owners and managers?

That mistake is thinking they are the only one who can do what needs to be done.  I am always working on the mindset with the people I coach of leveraging tasks that must be done and training them on effective leveraging of those tasks.  I address the mindset of the person running the company. In the case of businesses working with employees or contractors, we are consistently looking at ways to have everyone become more valuable by leveraging tasks to less costly people or technology.  Systems, meaning the way people work and the tools they use are the key to effective leveraging.

A Program That Fits Most Budgets

If you want to be successful with any business, work with an experienced business consultant/coach who will guide you to building business profits faster than you ever imagined.  I am an expert business consultant/coach. I have a program that will fit most budgets. Email me now and tell me about your business. Include your complete contact information and I will schedule a 20 minute complimentary call to determine how we can work together for the benefit of your business.

Steve Pohlit

Business Consulting, Executive Coach
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About: Steve Pohlit CPA,MBA has been the CFO and COO of  major domestic and international companies.  Steve has extensive business ownership experience having purchased and started off line and on line businesses.  Steve offers his  business building experience to companies and entrepreneurs with business coaching and business consulting.  His  focus is on building business  profits and net asset value at above average rates.   All articles published by Steve unless specifically restricted may be freely published with this resource information.

There are an increasing number of headlines speculating about the extent of damage and related litigation stemming from the  BP oil spill.

There are three parts to a claim for business losses.  There is the physical loss say in the case of a fire and then lost profits due to business interruption. In addition, there are punitive damage awards. This is where a business is awarded compensation over and above actual losses.   These are called punitive damages and are typically for pain and suffering. Normally in the case of a accidental fire or damage from weather (natural cause)  there would be no basis for punitive damages. The BP oil spill falls into the category of an event that likely has the basis for punitive damage awards.

Consider a seafood restaurant on a coast line that has been family owned for generations. It has a great reputation and has been consistently profitable.  Within weeks of the BP oil spill on the news sales began dropping, continued to drop  get worse. For example, say the restaurant has been doing $2.0 million in sales and earning $200,000 profit before tax. Sales and profit  growth rate has averaged 8% per year for the last five years..

Where there is physical damage and business is interrupted, there is the predicable loss of profits from business that would have continued had the business not been damaged. However, when the supply chain is interrupted because people no longer have confidence in the food or where the fish supply is greatly reduced resulting in much higher prices, that is a different story.

Assume sales drop to where it is not possible to remain in business. There are a multitude of issues. It is unlikely the restaurant can be sold as a restaurant since the market has lost confidence in the quality and availability of the product. What about alternative use for the property. Eventually there is always an alternative use. However, the business or buyer having an alternative use in mind is likely looking to acquire the property at a distressed price.

Bottom line… any outcome other than the sale of the business as a viable going concern with a predictable cash flow based on verifiable results is going to be a distressed sale.  Losses in this situation will be future earnings plus diminished value of the property plus punitive damages for pain and suffering.

What would I recommend to a client whose business is destroyed or severely damaged by he BP Oil Spill?

1. Hire the best lawyer possible with a contingency fee arrangement. The best lawyer is one who has experience with business interruption loss experience and a track record of winning awards beyond physical losses. I would research lawyers who have won similar cases. The BP oil spill is not the first one.

2. Be sure to have a business expert as part of your professional resource team. This may seem self serving. It is not. You need a business professional to work with your attorney on a practical strategy that will hold up in court. The stronger your position the more likely for a quick equitable solution outside of court.  In settlement you want a balance of business and legal advice.

I welcome and encourage all comments from attorneys, business valuation experts and those whose businesses are potentially affected by the BP oil spill.

Steve Pohlit

Business Consulting, Executive Coach
Turnaround/Crisis Management
Temporary CEO, CFO, Controller Services
International Business Resources

Social Media Services
New Digital Media, Inc.

Twitter

Facebook

Linked in

MySpace

727-587-7871

Email

About: Steve Pohlit is a CPA,MBA and has been the CFO of several major domestic and international companies.   He is  an expert business coach and consultant focused on building business  profits and net asset value at above average rates.   All articles published by Steve unless specifically restricted may be freely published with this resource information.

Mark Albright, staff writer for the St. Petersburg Times published an article in the Sunday paper a while back on retailers struggling to win back customers. He does an excellent job at identifying the key issues customers face when shopping in many stores. In summary, customers know what they want from their shopping experience and they don’t get what they want most of the time.

Two charts were provided in the article. One showed that 68.4% of those responding to a recent poll said knowledgeable, helpful, friendly staff was the most important criteria for a positive shopping experience. The other chart reported that 50% of the people surveyed reported retail service has gotten worse.

Shoppers have always wanted a friendly environment with knowledgeable staff. What is most alarming is how poorly retailers continue to meet the expectations of their customers. With almost 70% of the customers ranking knowledgeable, friendly staff as most important, why is it that so many retailers continue to be obsessed with having compelling price? Studies have consistently shown and Mark points this out in his article as well, that less than 10% of the shoppers name price as the most important reason they shop a store.

Let’s examine pricing and promotion a bit deeper. The paper that Mark Albright writes for has a daily circulation of about 1 million. On Sunday, like all large metropolitan areas, the paper is thick. Most of it is advertising circulars. Most have between 4 – 20 or more color glossy pages and this format is used by most of the major retail chains. Stores attempt to show items attractive to the largest number of people and offer special buys or sale pricing. The goal is to drive traffic to the stores.

Normally on a store by store basis, retailers are able to tell how effective a particular circular was by measuring customer count (customers that actually buy), average sale and items sold. Most retailers have these statistics, but there is one critical piece of information they do not have. They do not know who it was that purchased something. They do not know their physical address, they do not know their email address and do not know their customer’s phone number. There are exceptions and I will address those shortly. However, in general, large and small retailers spend huge amounts of money on print advertising to drive customers into their stores and they don’t even know who their customer is. Consequently, they are unable to thank the buyers, hear their comments and suggestions and they are not able to personally invite them back.

Even more serious: with the development of preferred buying programs, membership programs like those used by Sam’s Club and Costco and even those retailers that have captured customer information, the way that data is used is pathetic.

Here is a brief summary of the issues so far: consumers want knowledgeable and friendly sales staff and over 90% of them place importance on knowledge and friendliness over price. On the other hand, retailers spend a lot of resources developing promotions based on price to drive traffic to their stores. When the customer gets there, not just the price shopper but the loyal customers as well, the retailer is not properly staffed and the staff that is working is not properly trained and managed. I call this a mismatch in expectations and delivery. The result of that formula is a high rate of retail business failure with stores that fail being replaced by new ones that operate the same way. You know what you get when you keep doing things the same way. What is the solution? Keep reading.

When the subject of price in retailing is mentioned, Wal-Mart’s name always comes up. Here are just a couple of things I noticed about Wal-Mart recently. First they are increasing the number of more upscale items offered. Why are they doing this? It is because they understand that appealing just to the low price crowd long term is a risky business model. No retail chain founded on the low price model has ever survived long term. None. What else have I noticed? The other day I noticed a Wal-Mart banner on the front page of Yahoo.com This particular ad was what is known in the Internet Marketing circles and Direct Response Marketing circles as a lead generation ad. I followed it through and noticed interesting “bribes” to get you to register for on line information. You could even categorize the information you were interested in receiving. Wal-Mart promised to give you advance notice of their best deals for the store closest to you. Notice I said store closest to you. When you entered your information they asked for your zip code so they could match you with relevant regional promotion.

Wal-Mart is taking the lead again in building their customer data base. I don’t think they have taken this to the store level, which where it really needs to be implemented. But they are headed in the right direction.

Do you need to have Wal-Mart’s system to implement a similar program? Last September I was testing the implementation of program with a small retailer in a small market. We used incentives as a motivator to provide their contact information. This program was hugely successful in a short period of time and confirmed the value of capturing the contact information of your customers and communicating with them. That is the first step in bridging the gap between what customers want and what retailers deliver. Note: if you are a grocery store, restaurant, nightclub, shoe repair store, dry cleaner or any business that has customers, this applies to you.

If you are a local or regional chain of stores, outsourcing this customer contact program is the most cost effective approach. If you are not sure that is a true statement Email Me and I will prove it to you. National Chains should outsource this program in the test phase and then it is likely that in-house technology will be needed long term. Regardless, it is easy to build your customer list, easy to communicate with them and this communication builds loyalty and value. This communication process is the critical link that breaks down when this process is managed internally. In summary, outsource this entire program initially; bring the technology piece in house if and when that makes sense but keep the communication program outsourced. Does this sound like Direct Response Marketing 101? Yes ..well that is because it is and you know what…basic blocking and tackling work all the time.

Does all of this solve the problem of bridging the gap of what the customer wants and what the retailer delivers? Absolutely not! All of the fundamentals successful retailers are paying attention to today must continue. Having the right product in the right place at the right time is a good goal. Having staff properly trained and managed is a great goal.

But this is the planet earth folks. When all the best logistical systems and human resource development processes fail .. and they will from time to time, a strong binding relationship with your customer will overcome any isolated execution failures.

Are there any examples of anyone doing this more right than wrong? I remember in 1996 when I was in my second year of operating an Internet Service Provider company that I founded. I was focusing on industries likely to benefit a lot quickly from using the tools of the Internet. One of them was mail order. I knew there would be huge benefits to catalog retailers from using the internet. Of course when I contacted many of them and they had no idea in 1996 what I was talking about. So I let it slide instead of pursuing that idea along with a number of other billion dollar ideas I had in the early days of the commercial Internet.

Today there are numerous examples of catalog retailers doing a great job of communicating with their customer base. Now the big gains are coming from the “brick and mortar” companies who are communicating like catalog retailers. Who are they? Circuit City gets a vote. Circuit City sends me wonderful emails in addition to their weekly print advertising circulars. Wal-Mart used to do a good job now that I am on their list but not any longer. In the catalog retail business, one of the best is Fredericks of Hollywood. There are other catalog retailers that have an effective communication program in place. In fact if you order on line from any catalog company and give them your email address, I would bet you start getting information from them. Even if you don’t order, sign up for some of these lists to see what they send you.

The biggest mistake made by companies that have you in their data base, is dropping your contact information when you have not purchased for awhile. I know of one very popular retailer with a huge mail order division that sends me tons of catalogs but not one email. When asked about this I was told I no longer receive emails because I am not a current buyer. But they continue sending me expensive to print and mail catalogs. Go figure! Recently.

In summary, study the companies that are doing this well. Look at your own business. If you are not sure what I am advising you to do will work, call or email me and let’s “kick it around”.  All contact information is at the end of the article.

Sharing with all my readers the energy of peace, happiness and abundance

Steve Pohlit, Expert Business Consulting

Email Me, Steve Pohlit to schedule A No Obligation Consultation On Building Your Business Profits.Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high. If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis

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About: Steve Pohlit is a CPA,MBA and has been the CFO of several major domestic and international companies.  Steve is business owner and an expert business consultant, direct response and social media marketing  and social networking security expert . Steve is  focused on helping companies improve their business performance. All articles published by Steve unless specifically restricted may be freely published with this resource information.

An independent business owner contacted me after reading several of my articles on business turnaround consulting and business process improvement consulting. She asked if I could help her. I asked if she would write me note about her situation. The following is her message:

Steve,

I decided to get in touch with you because I am very close to running out of cash. I don’t know how I will pay on my loan payments next month because at the moment I don’t have any funds for that.

I feel like I am really close to generating positive cash flow with my business but I am still stressed about how I will pay on all accounts/loans that I am responsible for. I feel like I just need to buy myself more time.

I am doing my best to maintain my positive attitude, faith, and belief but I am scared. I’ve applied for additional credit cards but have been denied. As a result, I’ve started to search for a job, which I know is taking my focus off of where it is I want to go.

Financially, I’ve never been where I am at the moment.

If you can help, I am grateful. Even if you are unable to,  I am still grateful.

Thank you,

————————————————–

I asked her permission to publish this on my blog as I have actually been planning to write an article about what many people are experiencing for a variety of reasons. Full disclosure: I am a business turnaround and business process improvement expert. I am not a personal financial planner, personal bankruptcy lawyer, personal financial counselor. My experience in this area are very direct and from the streets. If you would like additional support for what I about to tell you, read Bill Bartman’s book “Bailout Riches”.

Notice some very important words in this lady’s description of her situation: faith, belief, scared, “I am responsible”.  So my response is written for those who have similar feelings.

About Being Scared:

This is natural particularly since this is the first time she has found herself in this situation. The key is to acknowledge that and just move outside of yourself and observe it. This takes some practice but it can be done. Realistically, we become scared of losing our life, our “stuff”, a place to live and starving. In the worst case scenarios a woman will be not homeless. Nobody will starve to death and stuff can be replaced when the economic situation turns around. In my belief system I have learned how not to fear death. Once you no longer fear death then there is really nothing else to fear. On that topic “Home With God” by Neale Donald Walsch is a great read.

Now I know writing about fear and being scared does not make it go away. You can release these emotions. In fact you must release these emotions or you will have difficulty moving forward which is really what your intending to do. Now for the art of the practical of why you can expect:

I am going to assume she is fairly current on her payments and realizes that will change next month. My advice is to stay focused on immediate needs only while continuing to solidify cash flow from her business. Immediate needs are food, utilities and those service needed for her business. These generally include Internet service and phone service. TV service is not an essential. Car insurance is. The key is to evaluate true essential spending.

For now paying credit card debt and mortgage payments are also not essential. If you are a renter, you may have less time in your place than if you have a mortgage.

Going Forward

This lady mentioned feeling like her business is close to cash flowing. I recommend anyone who has a business ask someone else with business experience for a realistic evaluation of that feeling.  This is the number one item I work on in a business turnaround after addressing immediate cash management issues. With the confidence of how a liquidity crisis turns around you can navigate any obstacles. Now if you don’t have that confidence then you should begin pursuing plan B. She mentions looking for a job. That may not be her first choice but it may be a realistic stepping stone until she can turn her business cash flow positive. That is for her to decide.

What To Expect From Credit Card Companies and Banks

The reality is you will get a lot of phone calls. Most of these calls will be made by a computer. So it is a great idea to have a caller id phone that you can put on silence or vibrate.  You don’t want to answer a call unless you know the caller and you want to talk to them. The natural inclination is to want to talk to the representative on the phone. I don’t recommend wasting your time doing that until you can tell them you have restored your ability to pay.

Credit card companies will threaten to file suit. They won’t. Read Bartman’s book. You can become delinquent more than 90 days if it takes that long to restore cash flow. Close to the 90 day mark they will be willing to cut all kinds of deals with you. If you take one of them know that they will not reactivate your card. I know the credit card companies will accept settlement at 50% of the amount due and take that over 3-5 monthly payments. They do not want you to know that. And as soon as I write that I am sure someone will say there are even better deals than that.

I am not advocating not paying what you owe. However, the credit card companies have no problems charging very high default rates and late fees. Your responsibility is to position yourself to go forward.

Get used to the phone ringing and don’t take it personal. First a computer is dialing and then at some point when you decide to talk with someone because you have a proposed solution then recognize they are not your enemy or your friend. They are simply doing their job.

You can expect the calls to start at 8AM and end at 9PM Monday through Saturday and noon until about 8PM on Sunday.

Mortgage or Rent

Because mortgages go through a foreclosure process it can take quite some time from start to finish. Rent on the other hand is a bit more dicey depending on the market you live in. The meltdown leading to the high foreclosure rate has driven up demand for rental units. So you could be facing a situation of eviction 60 days or so past the due date.

Generally if you are able to pay a portion of what is due that will buy some time. Mortgages move from the normal mortgage service department to a foreclosure processing department. Expect notice of intent to foreclose and calls. Don’t panic you have time. But keep moving on you go forward plan. Foreclosures and evictions do happen.

Brief Summary

What I have tried to do is paint the picture of what you can expect. There are variations of course and timing can vary depending on the credit card company and bank. Ultimately you have a lot of room to negotiate just about everything related to debt. Utilities no since they will just cut you off. But debt yes. However, in order to negotiate you must have something to negotiate with. You ultimately have to have a source of cash flow to negotiate.

Help Others by Adding To This Article Using The Comment Section

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Steve Pohlit, Expert Business Consulting

IR Consulting, Inc.

Email Me, Steve Pohlit to schedule A No Obligation Consultation On Building Your Business Profits.Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high. If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis

FREE Report:
How To Increase Business Profits by 30% or More in 90 Days or Less

In 2006, author Bob Scheinfeld published a book titled: Busting Loose From The Money Game.  I purchased the book based on the recommendation from another admired author and read it once  over the course of about a week.  I then went back and read it more closely, made notes, highlighted sections in yellow. In short I really studied this book.

I had not been exposed to most of the information in that book to that point.  I was very skeptical even after studying it in-depth. This was because the concepts were so different from anything I had imagined.  However, I found a part of me saying it made a lot of sense.

Over the subsequent three years,  I have learned that Busting Loose From The Money Game was based on what is known by scientists as the discipline of Quantum Physics.  During this time the movie The Secret was released. There has been a growing awareness of The Law of Attraction.  Quantum Physics  supports The Law of Attraction.

Here is a real life example from personal experience. If you have followed the articles published in this blog you know I have a lot of very valuable business experience.  I use this experience to  help companies improve their business performance and in some cases help them if they find themselves in a difficult situation (business turnaround consulting).

When I was near graduating from college I decided that I wanted to be a CPA and work with one of the Big 8 (at the time) firms. I visualized that experience as best I could, I interviewed with a few firms and I was not hired…then.  I ultimately relaxed that idea, but I did become a CPA and also went on to earn my MBA. Both were credentials I decided I wanted to have because one day I wanted an executive position and be in the board room running a large business. I felt those credential would help.

I was relentless on that idea. I felt certain it would happen.  Nine years after I was not offered a job with one of the Big 8, the number one firm in the world hired me . I went on to have a marvelous experience there for 10 years.  I left and went right to being a senior executive of a $360 million company.  I was in the board room with several other senior people running that company.  There is a lot more to this story including some of the near total disasters I experienced but the point is I attracted that which I was focused on consciously or otherwise.  That is The Law of Attraction.  ”Like attracts like”.

Today in business and in all areas of my life I am continually creating the picture that I want to have appear.  Now if you asked my most recent client how that turned out they would say not very well.  I would say one chapter is closed and another is beginning.  Soon I will prepare another article on change and surprises. For now I say to you,  The Law of Attraction works perfectly all the time.  The problem comes in when the outcome isn’t like we thought it would be. Sometimes the outcome is much better and sometimes it isn’t.

In the situation I just finished, the bank decided it was in their best interest to liquidate the company.  There is no way on this planet in my lifetime I thought I would  understand the bank’s position given the alternative solutions presented to them. However, Bill Bartman’s latest book “Bailout Riches” offers answers.  Do you see I was asking questions and I attracted answers.  Not only that,  but I attracted  an opportunity to profit from the current conditions should I pursue what Bill suggests. I don’t think I will but you can.

I love understanding and increasing my connections with that which I intend to attract.  I love sharing what my experiences and insight on these topics.  Nearly a year ago I had an idea of how I could blend my passion for The Law of Attraction with my experience and skill set in business and particularly the consulting arena.  Shortly thereafter, a number of things began to fall in place and today I have along with my business partner have growing business based on The Law of Attraction. That business is Manifest Mastermind.  What is most important I work on what I love and some people like it enough to stay as paying members.  How cool is that?

My purpose has been to give you a glimpse as to why I immediately purchased Bob Scheinfeld’s latest book: “Busting Loose From The Business Game”  I have not read it as I just order it today.  I encourage you to order it and for transparency purposes I am not an affiliate and Bob hasn’t asked me to write this and certainly hasn’t paid me any money to do so.  For the record I am not opposed to being paid .

I know this  book will have  as much influence on me as the first one I read and I am excited about all the possibilities.

Here is the link and if you decide to order, please tell Bob that you heard about it from Steve Pohlit.
<http://www.bustingloosefromthebusinessgame.com/opportunity.html>

Sharing with all my readers the energy of peace, happiness and abundance

Steve Pohlit, Expert Business Consulting

IR Consulting, Inc.

Email Me, Steve Pohlit to schedule A No Obligation Consultation On Building Your Business Profits.Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high. If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis

FREE Report:
How To Increase Business Profits by 30% or More in 90 Days or Less

In my business development consulting practice I encounter situations where filing for reorganization with protection of Chapter 11 of the Bankruptcy Code (Federal Law) seems to be an option. Consequently I follow with interest some of the more high profile cases. I am amazed at the application of this Federal Law. I was thinking it seems the rules are at times re-written for the convenience of special interests.

This email from Newt is a great report on the recent bankruptcies of Chrysler and GM. This is well worth paying attention to since the issues are not about Chrysler and GM, it is about the breakdown in our political and judicial system.
Newt’s entire email follows. Thank you Newt Gingrich.

Sharing with all my readers the energy of peace, happiness and abundance

Steve Pohlit, Expert Business Consulting

IR Consulting, Inc.

Email Me, Steve Pohlit to schedule A No Obligation ConsultationOn Building Your Business Profits.  Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high. If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis

FREE Report:
How To Increase Business Profits by 30% or More in 90 Days or Less

There was a time when we would have called it a scandal.

In 1921, oil tycoon Harry Sinclair gave several prize head of cattle and around $269,000 to President Harding’s Secretary of the Interior, Albert Fall.

In return, Sinclair got the exclusive rights to drill in an oil field in Wyoming. Sinclair’s no-bid contract became the Teapot Dome scandal, the most notorious example of political corruption in America prior to Watergate.

Between 2000 and 2008, the United Auto Workers (UAW) union gave $23,675,562 to the Democratic Party and its candidates.

In 2008 alone, the UAW gave $4,161,567 to the Democratic Party, including Barack Obama.

In return, the UAW received 55 percent of Chrysler and 17.5 percent of GM, plus billions of dollars.

But nobody’s calling this a scandal. It’s time we start.

2000-2008 UAW Giving: $23.7 million to Democrats. $193,540 to Republicans

The almost $24,000,000 the UAW has given to Democrats since 2000 compares with the $193,540 the union has given to Republicans.

In the 2008 presidential election, President Obama was by far the biggest recipient of UAW contributions, raking in $27,340 compared to the $10,600 given to Hillary Clinton, the No. 2 recipient of UAW money.

And so it was no surprise to the cynical Washington political class when the payback began with the Chrysler bankruptcy.

In a rigged proceeding in which the federal government disregarded bankruptcy law in favor of the political outcome it desired, the Chrysler bankruptcy laid the predicate for the much larger General Motors bankruptcy to come. Against law and precedent, the unions were moved to the front of the line when it came to who would benefit from the bankruptcy.

The Obama Treasury Department strong-armed Chrysler’s creditors into a deal in which the UAW was given 55 percent ownership of the company while Chrysler’s secured creditors – investors who would have received priority in a non-political bankruptcy proceeding – were left with just 29 cents on the dollar.

On Monday, the Supreme Court Delayed the
Completion of the Chrysler Bankruptcy

Some of these secured creditors, led by a group of Indiana retirement funds, are fighting back. They’ve charged in court that the Chrysler bankruptcy violated the bankruptcy laws and violated their rights as senior lenders.

On Monday, the Supreme Court put a hold on the Chrysler bankruptcy to hear their case.

We don’t yet know which way the high court will rule, or if it will rule at all. But we do know what’s at stake. Indiana State Treasurer Richard Mourdock put it well:

“The issue of secured creditors’ rights is bigger than Chrysler. It’s an essential foundation of our capital markets. And fundamentally, this is about the law.”

“Never Has an American Union Done So Well At
the Expense of Shareholders and Creditors”

But the Chrysler bankruptcy was just prelude to the Obama-Administration-brokered General Motors bankruptcy deal announced last week.

The GM deal is yet another example of rank, taxpayer-financed political favoritism.

Once again, the big losers are GM’s bondholders, who include substitute teachers in Florida and retired tool and dye supervisors in Michigan. They hold $27 billion in GM debt but are receiving a 10 percent stake in the new company.

In contrast, the UAW, which is owed about $20 billion from GM, is walking away with 17.5 percent of the company and a cool $9 billion in cash.

According to one analysis, while the bondholders will be lucky if they recover 15 cents on the dollar, the UAW can expect to recover up to 60 to 70 cents on the dollar – four to five times what the bondholders will receive.

As Barron’s Magazine wrote, “Never has an American union done so well at the expense of shareholders and creditors”.

“At a Time When Some American Workers are Facing Stiff Pay Cuts, UAW Workers Gave Up Their Customary Paid Holiday on Easter Monday”

Of course, the Obama Administration has assured us that the United Auto Workers has made “substantial concessions” as part of the bankruptcies that have literally saved the union from extinction.

But as no less than the Washington Post put it, the “union concessions were ‘painful’ only by the peculiar standards of Big Three labor relations: At a time when some American workers are facing stiff pay cuts, UAW workers gave up their customary paid holiday on Easter Monday and their right to overtime pay after less than 40 hours per week. They still get health benefits that are far better than those received by many American families upon whose tax money GM jobs now depend.”

Union members also preserved their right to have six unexcused absences from work before they can even be considered to be fired.

Can you feel the pain?

The Unions Have Been Rewarded With
Ongoing Subsidization by the Taxpayers

It is a sign of the degree to which raw politics has dominated its handling of Chrysler and General Motors that the Obama Administration has a 31-year-old who has not yet graduated from law school determining the fate of two multi-billion dollar companies.

For their political support of the Democratic Party, the auto unions have been rewarded, not just with ownership stakes in two giant companies, but with ongoing protection and subsidization by the U.S. taxpayers.

The President has said repeatedly that he wants to get out of the auto business as soon as possible. But does anyone seriously believe that he would accept an arrangement in which GM becomes profitable at the expense of the union and its gold-plated benefits?

Having spent $50 billion to “save” GM and the UAW, does anyone really believe that the Obama Administration will now allow economics and not politics to dictate its future decisions?

In the GM and Chrysler bankruptcies, the Obama Administration has trampled on the rule of law.

It is using the taxpayers’ money to pay back a political group for its political contributions.

There was a time when we would have called that a scandal.

Your friend, Newt Gingrich

The Treasury should be standing there with “arms wide open” to accept any of the TARP money a bank wants to pay back.  Our government charter does not extend to the bailout of private enterprise entities, bank, automotive company or any other.  However, we have allowed it and now that the funds have been disbursed, every effort should be made to get them back.  That may be the intent of our Treasury but it doesn’t feel that way based on the way it is reported.  (link to WSJ article below)

Related point: I am working a business turnaround situation with a client whose bank is a TARP bank. You would never know the bank has accepted money intended on helping business move forward.  We have a valid business moving forward plan where the bank does not even have to advance any more funds. However the cooperation of the bank is required.  They have chosen not to cooperate. I am told by other professionals  working with  companies and with TARP money banks that the attitude from the banks of not really helping is pervasive.

So the we allow the government to bail out these banks and the money is not being used to really help the economy.  Amazing.

Sharing with all my readers the energy of peace, happiness and abundance

Steve Pohlit, Expert Business Consulting

IR Consulting, Inc.

Email Me, Steve Pohlit to schedule A No Obligation ConsultationOn Building Your Business Profits.  Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high. If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis

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Here is today’s Wall Street Journal Article.

News Alert
from The Wall Street Journal
—————————-
Sponsored by NASDAQ OMX
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The Treasury Department said it will allow 10 of the nation’s largest banks to repay $68 billion in government bailout money.

The Treasury says the banks will be allowed to repay the money they received from the $700 billion Troubled Asset Relief Program funds. The banks have been eager to get out of the TARP program to escape government restrictions such as caps on executive compensation.

The Treasury Department did not name the banks involved, but Morgan Stanley said it is repaying $10 billion in TARP capital.

http://online.wsj.com/article/SB124455528999797923.html#mod=djemalertNEWS

When a company cannot move forward with profitable operations because of accumulated debt  meaning they are not in a positive cash flow position, they must close the business and restructure. Either solution is costly. Restructuring with the protection of Chapter 11 of the US Bankruptcy code adds to the costs. 

The cost of restructuring is not because of the people working to restructure or the bankruptcy court. The costs are generally a result of mistakes in the past. General Motors has access to many of the best and brightest in the world.  With all this talent, they still managed to steer a company to bankruptcy.  That is sad.  How that happened will be guessed and reported on in many other articles and books. The purpose of this article is to give you a glimpse of what’s next. 

In GM’s case, there has been  an attempt  to negotiate a structure for moving forward prior to the filing.  An agreement was not reached.  It is my personal view from being close to a number of restructuring opportunities that in many instances a rational solution is ignored. When that happens it often is because most everybody negotiating is an employee of somebody. Consequently the number one item on the agenda is  ”cover my ass.”

My turnaround and profit improvement work is often with privately held corporations where one or more people running the business are owners. Having held executive  management positions (employee) with large pubic and private companies and having the experience as a business owner, I can assure you there is a huge mindset difference.  The mindset of an owner is solution and action oriented. The mindset of an employee is “how do I get this done and protect my job”.  Of course there are exceptions and most would say my mindset has nearly always been that of an owner whether I was one or not.

If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis 

Most of the restructuring of  GM led by the company’s respective employees and advisers  began prior to the bankruptcy filling p. Part of this included  the company saying to the US Government “bail us out since certainly baseball, apple pie and General Motors is protected by the US Constitution”  Our president (an employee who we hired) says OMG I can’t let the automobile industry crater. He and his subordinate employees throw a Hail Mary pass to fuel  the restructure with a lot of money…our money.  So the employees tell the owners of the money, the US citizens,  how it will be spent and the owners (us) just shrug and say “OK”.  

So the US Government steps in to the newly defined role of bailing out certain large companies and notice that the GM bailout did not avert a bankruptcy filing.  So the brain trusts that run our country decide to send billions of our money to a company that months later files bankruptcy.  Do such investments happen outside of Government bailouts? Of course.  Investment funds make decisions all the time that don’t turn out as planned. The difference is that they are not using taxpayers money.

Taxpayers’ money is not the only money at risk.  There are billions of dollars owed by GM that will never be paid back. The ripple effect of  radically changed business is huge. Thousands of companies linked to the GM supply chain will go out of business or already have, since GM will cram down the money owed these unsecured creditors.  They won’t be paid and they won’t have business fast enough to replace that lost. Of course the direct and indirect job loss is enormous.  Again, don’t blame the restructure plan or the bankruptcy process. This situation is a result of how this company has been managed for decades.

The bankruptcy is necessary since not enough people agree on the latest restructuring  plan promised to move GM to the land of profitability. So GM executives, advisers and others to benefit  we will carve out a deal using the protection of Chapter 11 of  the US Bankruptcy Code.  This is a federal law designed to offer companies the opportunity to restructure and move forward profitably. Great idea except there are a few things you may want to consider:

Who pays for the bankruptcy filing?

Who always get paid during a bankruptcy?

Where is management’s attention during a bankruptcy particularly during the early phases of uncertainty?

Answers:

The administrative (accounting, lawyer, trustee) fees associated with any bankruptcy are enormous and the people who are owed money prior to the bankruptcy are the main contributors to paying these costs.  For example, if a secured creditor is owed $10 million dollars, when the bankruptcy reorganization is filed, they may be offered 30% of the balance paid out over time  depending on how much money is projected to be available . Think of a home mortgage.  A bank holding the mortgage is secured by the value of the home.  Normally that is good protection but if the bank loaned 110% of appraised value then the value dropped 30% the security does not cover the amount of the loan. It looks as if the bailout money given to GM is at high risk of not being paid back 100%.  Time will tell. Unsecured creditors are  not likely to  get anything in a bankruptcy or pennies on the dollar. 

The company pays for the costs of the bankruptcy process including filing fees, trustee fees, attorney fees and  accounting fees. Of course paying for these costs means that money cannot be used to pay debt or suppliers. These costs are normally much larger than most people imagine.  These fees are always paid. In some cases the court will require a reduction in fees charged but usually not.

A bankruptcy filing is very disruptive to normal business operations. The attention of management and ultimately many others is on what is happening with the case. This is particularly acute in high profile cases that are covered by the press like the GM case.

If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting  Services for Business In Crisis 

Are Their Benefits To This Process?

The company’s regular business operations are protected while the case is active meaning creditors are not able to pursue lawsuits or size secured property.

A creditor’s committee will ultimately approve a reorganization plan. This plan is usually one with fewer assets than were in place before the filing since a lot of money will have been spent on bankruptcy related expenses. Generally the plan is similar to what the company wanted to do prior to the filing but had to file because people could not agree.  Seems like once a company is in bankruptcy, employees who work for creditors are more likely to agree to a reorganization plan since they can always represent “well this is the best we could do as the company is in bankruptcy.” 

Some company’s emerge successfully from this process and go on to restoring profitable growth. In General Motor’s case time will tell.  There seems to be structural costs that will not be resolved in this case which are the labor costs driven by the union. Retirement benefits are being publicized as being a concern. Ultimately the company will determine what it is able to afford and changes will have to be made. 

Ed Koch has been retained as the turnaround expert.  His firm is very reputable and he has a number of notable turnaround successes. The one thing no one can predict with certainty is to what extent customers will want the product the company makes. The public has many choices and there may be too much resistance to this brand long term for any plan to be viable.  

The media is already reporting the estimated impact of the bankruptcy on jobs and the economy. They are missing a key point. The impact is not from the bankruptcy. The impact is from how this company has been run in the past. The consistent implementation of a profit strategy has not been in place. From the outside looking in it seems the focus has been on preserving high paying  jobs and lucrative benefits while placing secondary priority on innovation and a profitable infrastructure. If those priorities remain during and following this bankruptcy, the company will not survive.

Sharing with all my readers the energy of peace, happiness and abundance

Steve Pohlit, The Profit Expert

Email Me, Steve Pohlit to schedule A No Obligation ConsultationOn Building Your Business Profits.  Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high. If  your company is not growing revenue and profits,  if your company is not cash flow positive Click Here for more information about Turnaround Consulting Services for Business In Crisis 

FREE Report:
How To Increase Business Profits by 30% or More in 90 Days or Less

The phrase “cash is king” is widely recognized because it is true.  When you solidify cash flow you solidify your business.

Cash of course can be borrowed. For  many companies, traditional sources of financing are nearly non existent.  Lines of credit are being tightened and there is little or no room for  loan covenants variations.  In this and all situations, the sooner management accepts responsibility for  the state of their business, the sooner they are in a mindset for moving the business forward.  What are the primary options for restructuring a business facing these circumstances?  The primary alternatives are:

1. Secure a lending facility from a source that is not a traditional bank.

2. Negotiate a new note with your existing bank – very unlikely right now.

3. File a restructuring plan under Chapter 11 of the US Bankruptcy code – an action of last resort and very costly.

4. Sell the business: viable if your business is attractive to a strategic buyer. You will need a creative contract if you expect to get much more than having your personal guarantees removed from the debt.

5. Close the business and do something else. You may feel you may want to do that but be careful since if your business assests upon liquidation do not cover the senior debt, your personal assets may be at risk. In this environment institutions are taking homes .

You may be thinking the above is written for a business experiencing losses in market share and profits.  Companies with bright pictures being painted are experiencing the impact of banks not lending. The money channeled to banks from the government is not flowing through to  companies deserving loans.

For this reason, alternative sourcing of funds is often needed.  A lot of time and energy can be spent finding the right deal or you can select a firm with the contacts that will get this done quickly on your behalf.

Last week I was in a meeting discussing options, strategies and pricing for services. It is very common for owners to begin calculation how much money firms make when a deal closes. This money is commonly called success fees. I explained that success fees are in proportion to the solution delivered.  The right professional firms have the experience and the contacts to move quickly and get results. How valuable is that when considering the alternatives?

Sharing with all my readers the energy of peace, happiness and abundance

Steve Pohlit, The Profit Expert

Email Me, Steve Pohlit to schedule A No Obligation Consultation On Building Your Business Profits.  Need more customers? Let’s discuss how to use cutting edge Social Media Marketing in the revenue building cycle of your business to drive your profits sky high.

FREE Report:
How To Increase Business Profits by 30% or More in 90 Days or Less

(Please Note: the best course of action is to take bold steps before have to file for Chapter 11 or worse a dissolution. I am experienced with crisis management, turnaround management and bankruptcy. Contact Me if you are worried about your business.)

Chapter 11 comes with a great cost including, legal, accounting and filing fees. The most significant cost is often the distraction of management’s attention from the core processes of the business. This filing raises more questions than it answers. The effectiveness of the company’s infrastructure in identifying and correcting the real reasons for losses should be under microscopic scrutiny.

Retail is won or lost one transaction at a time. It looks like Circuit City has a no profit pattern. It seems like this pattern is the core issue that should be resolved during this opportunity for reorganization. If not, the Chapter 11 reorganization will likely move to dissolution.

Ultimately, secured lenders will be fine. Vendors will be paid for new deliveries but are at great risk of not being paid in full for invoices related to deliveries prior to the filing. Landlords of closed locations can now begin to plan on what to do with that space as lease payments will be terminated during the Chapter 11 process. Other leases are likely to be renegotiated. Of course, there are large numbers of people who are now not working just as the holiday season is near for them and their families.

There is very little sunlight shining through with this picture. The glimmer of opportunity is for a structural reorganization to be defined and implemented that strengthens the core business. Should that occur, the purpose of Chapter 11 will have been fulfilled.

Steve Pohlit
http://stevepohlit.com
727-587-7871