SOT & Workouts

dealers-downfall

 

“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 you knees and then coming back” – Vince Lombardi

Mr. Pico has consulted on upside-down positions of over $50 million, pure out-of-trust positions of over $4 Million and bank overdrafts of over $30 million.

ADVICE FOR LENDERS

“A car dealership is like a dinosaur, you can put a bullet in its brain and it will walk five miles before it knows it is dead.” – John Pico

There is so much cash flow in a car dealership and so many ways to run a float, that when dealers begin to get in trouble and start using those ways as a bridge to hide the problem until it gets fixed, some dealers forget the float is only a bridge and it becomes a way of life until, one day, the bridge collapses.

The most revealing story was a day I was sitting with the control branch manager of GMAC and a dealer that was OT. I told the dealer if I were to help him, we had to explain to GMAC where we were and what we were planning for them to avoid the loss. The dealer agreed and, after he explained his situation, the CBR asked “How did that happen so quickly” and the dealer responded “We had a bad weekend.”

What the dealer was really saying was that he did not have enough cash flow to keep the float going. In other words, he had run his five miles.

Our “Out of Trust / OT” experience encompasses over five decades of consulting with lenders, dealers, attorneys and receivfbi_citibankers 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

Other Out of Trust Articles Authored by John Pico:sfchronicle-check-kiting

 Automobile Dealerships – Out of Trust – Tips for Dealers

Automobile Dealerships – Creating a Workout Plan

Death of an Automobile Dealership – Checklist

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, Source: Eric Freedman, Automotive News

Advising Automobile Dealers LLC

We Could Make the Difference

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