Born Again
Good businesses don't have to die just because they've gone hopelessly, out-of-control in debt. There is a place they can turn for redemption: the bankruptcy laws.
This past April, Paul Ginsburg was anxious and scared as he
negotiated with Sterling National Bank. The 47-year-old president
of Manhattan clothier Moe Ginsburg Men's Better Clothing needed
to secure financing quickly. The third generation of his family to
run a retail clothing operation in New York City, Ginsburg was
coming off his worst year ever. His business was declining
significantly.
18%
was this year's first-quarter percentage increase in personal
bankruptcies in the United States. SOURCE: The Orlando Sentinal
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Ginsburg had been hit with a triple whammy. The city's
financial community had pared its wardrobe expenses last fall as
dotcom shares crashed on Wall Street. To make matters worse, the
sudden switch to business-casual dress policies at such stalwart
suit-and-tie outfits as Morgan Stanley Dean Witter left him holding
too much stock in tailored suits.
Ginsburg himself made the mistake that proved to be the coup de
grace. He decided to remodel his store in 2000 and, because he had
an aversion to banks, financed the renovation with money that might
otherwise have tided him over.
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Now banks represented his best chance to get the financing to
keep him independent. Without Sterling's guidance and money,
Ginsburg didn't stand a chance of filing a successful
reorganization plan for his company and its debts under the
bankruptcy laws. His creditors might use those same laws to
dissolve his business.
The bank agreed to a loan in conjunction with Ginsburg's May
1 filing under the bankruptcy reorganization provision known as
Chapter 11. He received so-called debtor-in-possession financing
(money granted under special provisions to someone under bankruptcy
court protection), won approval of his reorganization plan by his
creditors and conducted the first layoffs of his life by reducing
his staff from 45 to 25. He was on the road to rebuilding his
business.
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