State of Distressed: Burian, Stark on the Preordained Bankruptcy

To demonstrate how the modern bankruptcy system often feels prepackaged and inevitable, Brown Rudnick’s Robert Stark compares the current state of Chapter 11 to a trip to the local bureaucracy: “We could do everything that is being done now by setting up bankruptcy at a DMV, go cut your deal in the back room, bring your $60 check, stand in line, and get a rubber stamp by the DMV.” Stark and Houlihan Lokey’s Saul Burian join Bloomberg Intelligence analysts Negisa Balluku and Phil Brendel to explore the increasing friction in today’s bankruptcy courts, including the consequences of judge-led mediation, the rise of aggressive DIP financing features like roll-ups and post-reorg equity packages, and the debate over the true neutrality of “independent” directors. The podcast concludes with a look at the restructuring outlook and a discussion about the surprising return of “dumb frauds” catching major Wall Street institutions off guard. Cases mentioned include First Brands Group, Multi-Color Corp., Del Monte, J&J, BlockFi, 3M and American Tire.