- Home
- Books and Journals
- American Bankruptcy Institute
- Interrupted! Understanding Bankruptcy's Effects on Manufacturing Supply Chains
CHAPTER 2 Hallmarks of a Financially Distressed Supplier
Jurisdiction | United States |
CHAPTER 2 Hallmarks of a Financially Distressed Supplier
A. Identifying Troubled Suppliers
To preserve and protect their own financial well-being, vendors and customers need to recognize the early warning signs of a troubled supplier and take effective prophylactic action to minimize losses and supply-chain disruptions. These early warning signs include the following:
• bounced checks
• increasing delay between invoice and payment
• broken commitments to pay past-due balance
• federal or state tax liens recently filed against customer
• frozen bank accounts
• checks issued on a closed account
• employee reductions
• upper management turnover
• reduced communication or failure to return calls or inquiries
• the business being marketed for sale
• the customer being sued by other trade creditors
• a sudden increase in purchases and consumption of services, possibly indicating an inventory buildup prior to a bankruptcy filing
• initiation of a new relationship with you, with accompanying negative commentary about prior service providers, accompanied by skimpy financial reports or delayed credit application
• rumors in the industry about problems or operational issues
• industry distress that is likely to impact company
• sudden interest in cleaning up documentation, or requests for account status or payoff
• information (possibly indicative of preparation for bankruptcy filing).
B. Early Action Strategies for Vendors
1. Analysis and Monitoring of Supplier's Financial Condition
Any supplier to a company that provides critical products or services and faces difficulty could interfere with the customer's supply chain and production. This is particularly true if the supplier is the single-source provider of the supply to the customer and the part or service is not available in the open market. Early detection is critical to provide the customer with the most options for addressing production-threatening supplier situations. The first step is to understand that being "troubled" can mean more than just financial unsoundness; it can also mean managerial weakness.
2. Analysis of Cash Flow and Pricing Policy
Cash constantly moves in and out of a supplier. There are two types of cash-flow documents that should be monitored on a monthly basis to determine a supplier's financial heath. The first document is the "Cash Flow Forecast," which is the estimate of a supplier's cash income and expenditures over a period of time. The second type of cash flow document is a "Cash Flow Statement," which records the actual income and expenditures at the end of the forecasted period. The closer the forecasted figures match the actual figures in the statement, the more insight may be gained by a customer into the supplier's financial status.
3. Role of Turnaround Consultants and Accountants
Nearly all successful turnarounds involve bringing in new leadership, often an interim executive recruited for a key role such as...
To continue reading
Request your trial- American Bankruptcy Institute
- Interrupted! Understanding Bankruptcy's Effects on Manufacturing Supply Chains
- Front Matter
- ABOUT THE AUTHORS
- ABOUT THE EDITORS
- ACKNOWLEDGMENTS
- TABLE OF CONTENTS
- CHAPTER 1 Introduction
- CHAPTER 2 Hallmarks of a Financially Distressed Supplier
- CHAPTER 3 Identification and Analysis of Contracts with a Troubled Supplier
- CHAPTER 4 Remedies Available to the Nondefaulting Party
- CHAPTER 5 Workout and Restructuring Alternatives for the Troubled Supplier
- CHAPTER 6 Bankruptcy of Troubled Suppliers and Customers in the United States
- CHAPTER 7 Insolvency and Bankruptcy Considerations in Canada
- CHAPTER 8 Insolvency and Bankruptcy Considerations in Germany
- CHAPTER 9 Insolvency and Bankruptcy Considerations in Mexico
- APPENDIX A State Tooling Lien Statutes
- APPENDIX B Accommodation Agreement
- APPENDIX C Access and Security Agreement
- APPENDIX D Trade/Critical Vendor Agreement
- APPENDIX E Schedule of Credit-Bidding/Loan-to-Own Cases
- APPENDIX F Mexican Time Chart and Instances of Concurso Mercantil
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.