Out-of-Trust, Workouts & Turnarounds
“I am not concerned that you have fallen; I am concerned that you arise.” – Abraham Lincoln
“The greatest accomplishment is not in never falling, but in rising again after you fall. The real glory is being knocked to your knees and then coming back. That’s real glory. That’s the essence of it.” – Vince Lombardi
John Pico has served as
- “Court Appointed Consultant to Debtor” in bankruptcy cases
- “Court Appointed Mediator” in automotive disputes
- “Court Appointed Arbitrator / Appraiser” in partnership disputes
- “Court Approved Consultant to Receiver” in a check-kiting case
- “Superior Court Mediator” in dealership/lender litigation
- and has been recognized as an expert witness on both State and Federal levels throughout the United States.
Mr. Pico has consulted on upside-down positions of over $50 Million, out of trust positions of over $4 Million and bank overdrafts of over $30 Million.
ADVICE FOR LENDERS
Our “Out of Trust / OT” experience encompasses five decades of consulting with lenders, dealers, attorneys and receivers with respect to workouts, recapitalizations and sales of troubled dealerships, both in bankruptcy and in receivership.
If you are a bank, finance company or other automotive lender, we have acted as the court appointed consultant to the receiver. We worked through a $30 million overdraft, a $10 million dollar fraud and completed a workout plan for a dealer that went on to be one of the top 20 groups in the U.S.
We have completed wind-downs of dealerships and have staffed stores with interim management.
We have faced issues of double-flooring and a plethora of more complicated fraud cases both on the part of the dealers and dealership employees.
- Automobile Dealerships – Out of Trust – Tips for Lenders
- Automobile Dealerships – Out of Trust – Keepers
ADVICE FOR DEALERS
If your car dealership is upside-down or out of trust and you need advice on how to survive the situation, we have provided help to SOT and upside-down dealers hundreds of times and would be happy to consult with you, your lender, your attorney and your accountant with respect to analyzing your situation and recommending courses of action.
The first step to a successful plan is honesty between the dealer and lender. Sometimes that is difficult for a dealer to accept without a qualified consultant. Please feel free to contact us for a discussion of our fee schedule.
As no two transactions are exactly alike, our broad experience enables us to adapt to complex situations where great damage could be caused by unskilled and less experienced consultants.
Mr. Pico authored the nation’s first book on Buying and Selling Automobile Dealerships.
- See Buying and Selling Automobile Dealerships, Volume I, Chapter 22 Out of Trust and Workouts
- See Buying and Selling Automobile Dealerships, Volume I, Chap 23 Consequences Of Being Out of Trust
- See Buying and Selling Automobile Dealerships, Volume II, Form 312 Sample Collateral Protection and Set Aside Agreement
- Automobile Dealerships – Out of Trust – Tips for Dealers
- Automobile Dealerships – Creating a Workout Plan
- Death of an Automobile Dealership – Checklist
- Sample Forbearance and Workout Agreement
- Sample Loan Extension Agreement
- Two other interesting articles are:
- Car Title Disputes Arising Out of Sales Out of Trust, written by Richard Tomalinson and published in the Journal of Texas Consumer Law, at page 141; and
- Out-of-trust dealership group can sue auditor, written by Eric Freedman, Automotive News, August 20, 2007.
Advising Automobile Dealers LLC
We Could Make the Difference
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