A&M Tax Advisor Weekly

An Introduction to the World of Bankruptcy Compensation

Brian Cumberland, Managing Director

bcumberland@alvarezandmarsal.com

J.D Ivy, Managing Director

jivy@alvarezandmarsal.com

May 15, 2019 / North America

The U.S. economy has picked up momentum in the last decade and has maintained a steady growth rate. As a result, the number of companies filing for bankruptcy has declined. Despite these more favorable economic conditions, some industries such as the retail and energy sectors have seen an increase in bankruptcy filings. Bankruptcy protection remains a critical option for some players in these industries. It is critical that organizations entering a restructuring retain key executive talent in order to maximize the likelihood of a successful emergence from the bankruptcy process.

To assist companies entering bankruptcy with their key executive and employee compensation program designs, Alvarez & Marsal has developed a database containing detailed bankruptcy compensation information from the last 14 years. This article describes the methodology utilized in populating the database, addresses relevant bankruptcy rules and presents our general findings.

Bankruptcy Database Overview

In creating our database, we gathered information on bankruptcy compensation plans (i.e., retention, incentive and severance plans) through a review of court documents from bankruptcies filed between 2005-2018. For purposes of this article, we limited our study to 322 companies that filed for bankruptcy between 2007-2017 with assets valued at $500 million or higher. The charts below summarize the companies included in our study, both by year of filing and industry.

To assist companies entering bankruptcy with their key executive and employee compensation program designs, Alvarez & Marsal has developed a database containing detailed bankruptcy compensation information from the last 14 years. This article describes the methodology utilized in populating the database, addresses relevant bankruptcy rules and presents our general findings.

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North America