Newsletter
Distressed Opportunity Bulletin - Issue 6
DISTRESSED OPPORTUNITY BULLETIN
Ice Miller launched its Distressed Investment Group ("DIG") to identify and facilitate distressed investment opportunities and assist clients through creative and strategic acquisitions and investments in bankruptcies, in-court restructurings, out-of-court restructurings and other insolvency-related transactions.
DIG is comprised of some of Ice Miller's most experienced and entrepreneurial bankruptcy, corporate restructuring, finance, real estate, mergers and acquisitions, corporate and tax attorneys. Its members have significant experience advising clients on loan-to-own strategies, debt and equity sales and restructurings, recapitalizations, note purchase loans, debtor-in-possession and exit financings, claims trading, distressed real estate acquisitions, section 363 sales, rescue capital deployment, and other insolvency-related and special situations transactions in the context of chapter 11 cases and proceedings, defaulted-loan litigation, workouts, foreclosures, deeds in lieu of foreclosure, Article 9 sales, assignments for the benefit of creditors, and receiverships.
DIG’s members regularly advise investment funds, private and institutional investors, lenders, private equity firms, operators and other interested parties in all aspects of strategic distressed investing and related transactions. Its members frequently serve as bond counsel, issuer's counsel, bank counsel, and underwriter's counsel in a variety of taxable and tax-exempt municipal financings involving hospitals, health systems, senior living providers, single- and multi-family housing projects, airports, 501(c)(3) organizations, state and local governmental issuers and municipal power agencies.
DIG’s members also have significant experience representing private and institutional investors, including private equity real estate funds and REITs, developers and operators in the acquisition, redevelopment and operation of distressed real estate across various asset classes.
To learn more about DIG or any opportunities listed in this Bulletin or, if you have any opportunities you’d like us to share in our next Bulletin, please visit our webpage or contact any of our DIG members.
Opportunities in the Distressed Market
Please click the chart below to download a full PDF of currently available distressed investment opportunities.
DIG IN THE NEWS
Protecting Net Operating Losses in Distressed Investments
Many businesses recognized significant net operating losses or “NOLs” as a result of the COVID-19 pandemic. The Internal Revenue Code of 1986, as amended, generally allows many types of taxpayers (including individuals, estates and trusts, exempt organizations, and most C corporations) to utilize NOLs to offset taxable income in other tax years, subject to certain limitations. In fact, the CARES Act, as part of COVID-19 relief legislation, relaxed the limitation on carrying back NOLs for the 2018 through 2020 tax years, generally allowing NOLs to be carried back to each of the five taxable years preceding the loss year, in addition to the general rule allowing NOLs to be carried forward indefinitely following the loss year. As a result, NOLs can be valuable tax tool for a loss-recognizing corporation.
Did you receive this Distressed Opportunity Bulletin from a friend? Sign up for future updates.
