Thread regarding Avaya layoffs

Liquidation Analysis

Yesterday, Avaya filed a liquidation analysis document with the Court, "in the event that they hypothetically convert to Chapter 7" Overview is below. You can read the entire document on Prime Clerk. I can assure you that this is not standard procedure in cases where the creditors and the debtor are actively working toward a restructuring agreement. This happens when negotiations break down and they're preparing for the worst.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Overview:

This Liquidation Analysis1 has been prepared assuming that the Debtors hypothetically convert their chapter 11 cases to undertake a liquidation under chapter 7 of the Bankruptcy Code as of September 30, 2017 (the “Conversion Date”). Except as otherwise noted herein, the values reflected in Liquidation Analysis are based upon the Debtors’ unaudited books and records as of February 28, 2017, and those values are assumed to be representative of the Debtors’ assets and liabilities as of the Conversion Date. It is assumed that the Bankruptcy Court would appoint a chapter 7 trustee (the “Trustee”) on the Conversion Date to oversee the liquidation of the Debtors’ Estates, during which time substantially all of the Debtors’ assets would be sold, abandoned, surrendered, or otherwise liquidated, as applicable, and the cash proceeds, net of liquidation-related costs, would then be distributed in accordance with applicable law.

This Liquidation Analysis has not been examined or reviewed by independent accountants in accordance with standards promulgated by the American Institute of Certified Public Accountants. Although the Debtors consider the estimates and assumptions set forth herein to be reasonable under the circumstances, such estimates and assumptions are inherently subject to significant uncertainties and contingencies beyond the Debtors’ control. Accordingly, there can be no assurance that the results set forth by this Liquidation Analysis would be realized if the Debtors were actually liquidated pursuant to chapter 7 of the Bankruptcy Code, and actual results in such a case could vary materially from those presented herein, and distributions available to Holders of Claims and Interests could differ materially from the projected recoveries set forth by this Liquidation Analysis.

by
| 4911 views | | 15 replies (last May 18, 2017) | Reply
Post ID: @OP+NfkvB4J

15 replies (most recent on top)

LOL. "This is standard procedure..."

Signed: A delusional Avaya employee

by
| | Reply
Post ID: @6xob+NfkvB4J

This is standard procedure. Debtors want to know all of their options. You can't re-finance your house unless you know what it's worth.

by
| | Reply
Post ID: @6jhg+NfkvB4J

But... but... the creditors want to help all the loyal Avayans who gave so much to try to make this company successful. NOT! C'mon people, the last poster is right. The creditors will do what is in THEIR best interest and don't give a dime about the poor Avayans. According to the liquidation report, the company is almost worthless. This is doubtful and simply positioning on the part of Avaya to try to keep the company. In reality, the IP is worth much more - just the patents that they got from Nortel are worth a lot, if used properly (look at what Blackberry is doing). So by waiting for the Chapter 7 fire sale, they could potentially snap up the IP and resell or license it and get way more than they paid. AND be rid of the pensions, debt, Blackberry lawsuit, etc. that they'd have to deal with through a debt-for-equity deal. If you are a creditor, forcing liquidation is WAY better than owning this company. Just wait for it.

by
| | Reply
Post ID: @3uga+NfkvB4J

Imagine the following. You are secured creditor. In Ch 11 you can convert your secured loan to equity, plus get pensions and 2 billion credits to pay. Or wait for Ch7, pay 4 billion on the bid via representative. You get back most of the 4 billion, and get rid of the pension and other obligations. Would you choose Ch 11 or 7?

by
| | Reply
Post ID: @2fhp+NfkvB4J

There's a decent chance, creditors are just being fussy. Basically want to maximize their returns absent of any moral regard. So employees, customers, and partners are just at the mercy of what can be worked out, which is a pretty crappy situation. I really hope that some shred of goodness prevails and Avaya emerges better off, simply because it's a great engineering company and makes great products.

by
| | Reply
Post ID: @2inq+NfkvB4J

No

by
| | Reply
Post ID: @1zmf+NfkvB4J

does anyone still at Avaya feel any remote confidence that leadership will get this company out of Ch. 11?

by
| | Reply
Post ID: @1yap+NfkvB4J

From the liquidation analysis document, it says:

  1. The total debts filed is 15.8b

  2. The IP can only be sold no more than 250m

  3. All pensions will not be honored

Scary enough?

by
| | Reply
Post ID: @1bng+NfkvB4J

To be honest the body language and work as usual style of the leaders with in the groups does not seem to suggest that a chap 7 is comming . Unless it is possible that only a few at the absolute top know this step

by
| | Reply
Post ID: @1axs+NfkvB4J

A liquidation analysis is routine in Chapter 11 bankruptcies.

http://www.americanbar.org/publications/gp_solo/2011/july_august/chapter_11_bankruptcy_primer.html

by
| | Reply
Post ID: @pvi+NfkvB4J

It may not be at the end of this month, but I would definitely bet that it happens after the Networking business sale closes at the end of June. Maybe July. In one of the earlier filings, Avaya petitioned the court to grant them the exclusive right to negotiate the restructuring agreement. I think that was until September, so the Chapter 7 may be at the end of September.

by
| | Reply
Post ID: @nau+NfkvB4J

If you were a gambling man. What odds would you put on chapter 7 coming at the end of the month?

by
| | Reply
Post ID: @jyo+NfkvB4J

Here is the link to the full document -

Statement /Notice of Filing of Exhibit E to the Disclosure Statement for the Joint Chapter 11 Plan of Reorganization of Avaya Inc. and Its Debtor Affiliates (related document(s)388) filed by Jonathan S. Henes on behalf of Avaya Inc..

https://cases.primeclerk.com/avaya/Home-DownloadPDF?id1=NjE3MzA2&id2=0

Docket #583

by
| | Reply
Post ID: @jcf+NfkvB4J

Initially plan must have been to hold this untill after networking auction - filling before that seems to suggest a very bad breakdown of negotiations such that debtors are not ready to wait even for a week

by
| | Reply
Post ID: @swm+NfkvB4J

Seems like things will get really rough now - customer exodus will increase manifold

by
| | Reply
Post ID: @rcz+NfkvB4J

Post a reply

: