New slette r
Winter  2017

Message from the President
Jason W. Bank, TMA Detroit Chapter President
     
The rough and tumble election year, which created significant uncertainty in the business world, is finally behind us. The surprising results of the presidential election have only fueled more uncertainty as we gear up for 2017 in the restructuring and turnaround industry. On the one hand, anticipated tax cuts and a potential stimulus package appear to be positive signs for the economy.  On the other hand, interest rate increases are at hand, and the automotive industry appears to be at or near its plateau after several years of growth.

Like it or not, a Trump Administration is the ultimate game-changer -- unlike anything we have seen before in Washington, D.C. If the president-elect's Twitter account can send shivers through an industry or adversely impact a company's stock, imagine what might happen when the new administration actually starts governing. There will be winners and losers as a result of anticipated shifts in government policy.    

What can we make of all of this? Another year of uncertainty? Below, John Klehm discusses recent trends with some of our members in a piece titled "State of Restructuring-TMA Detroit" Unfortunately, neither John nor his interview subjects own the proverbial crystal ball, but they have provided insight on what 2017 might look like in the turnaround industry.      
 
Former Detroit Piston Rip Hamilton once coined the phrase, "if it ain't rough, it ain't right" when describing the adversity that his team would face during the NBA playoffs. Similarly, restructuring and workout professionals operate in a world where uncertainty is the rule, rather than the exception. Rarely does a day go as planned, and days are often measured by the number of fires successfully extinguished. 

TMA professionals may be best described as "sudden change agents" - lenders, lawyers, advisors, accountants and other professionals who are experts in dealing with the unexpected.  The uncertainty helps to fuel the fire and drive TMA professionals to fix the unfixable company, to restructure the untenable balance sheet and work toward resolutions that seemed unthinkable at the beginning of an engagement. We recognize one of these professionals, Scott Eisenberg, in a Member Spotlight below.

TMA has a number of events designed to help you network with the movers and shakers who will drive business your way in 2017. On February 9, TMA Network of Women is hosting a trivia night in Royal Oak (men are welcome to attend), on February 23, nextGen is hosting a networking event at Otus Supply, and on March 23, we have a March Madness networking event. Detroit hosts  the  2017 MidAmerica Regional Conference (MARC ) on April 5-6. Plan on attending the MARC. The theme of the conference will be "Make Restructuring Great Again?" We will host turnaround professionals from throughout the region with two days of exciting programming and great networking!

So bring on 2017!  No matter what happens, or what is tweeted out by our governmental officials, TMA professionals will be ready!    

State of Restructuring - TMA Detroit
By John L. Klehm
As the calendar turns over into the new year, on the minds of many TMA members are questions as to when restructuring market conditions will improve. The current economic expansion has been a long one, there are few distressed companies and bank portfolios have been relatively clean. While it's too soon to draw conclusions, based on some recent data and conversations with a couple of our members, there are reasons to believe 2017 might be a busier year.
 
Something interesting to follow is Federal Reserve data on non-performing commercial and industrial loans. As a percentage of total bank assets, classified loans have more than doubled from Q4 2014 to the most recent data available, Q3 2016. It would certainly appear that that higher levels could be expected in the coming months and years.


 
Sharing the above information with a couple of our members and getting their insights revealed the following:
 
Ted Sylwestrzak; Partner, Dickinson Wright
Ted agrees that non-performing loans ARE in fact up, just many haven't been transferred to bank workout groups yet. Ted has a unique perspective in that most of his activity is in either documenting new commercial loans or acting as creditor's counsel for workouts. His view is that in the past 18 months banks have been offering very aggressive structures that will inevitably lead to future workout loans. In a handful of situations, new loans have failed their first or second covenant tests. Ted sees these more recently defaulting loans still being handled by the line lenders and thinks more may be transferred to workouts in the coming months.
 
Ralph Kourtjian; Vice President, First Business Capital
Ralph's view of the current state of turnaround is similar to many asset-based lenders; there is limited deal flow. Volume of new opportunities is not much different vs. a year ago. Echoing Ted's comments regarding banks offering aggressive structures, Ralph finds First Business Capital frequently competing with bank middle-market lending groups, which aren't equipped to manage riskier credits. Regarding why bank workout groups aren't busier and involving consultants and alternative lenders, Ralph agrees that many stumbling deals are staying with their line-lending groups and not going to workout. The lending groups' portfolios are fairly clean so group managers are advocating keeping some non-performing deals, arguing that recently defaulted companies might recover.
 
In summary, based on Fed data, it would appear that overall levels of non-performing commercial loans have bottomed and are heading higher. According to Ted Sylwestrzak, many aggressive commercial loans have closed in the past 18 months, some of which inevitably are going to go bad. Per Ralph Kourtjian, middle-market group managers are reluctant to transfer stumbling loans to workout in the hope that recently defaulted deals will recover. As the overall risk profile of commercial loan portfolios might deteriorate further, group managers may lose that flexibility to keep marginal credits and TMA workout, advisory, legal and financing professionals will hopefully get busier. 

2017 MidAmerica Regional Conference
April 5-6, 2017 MGM Grand Casino, Detroit


Member Spotlight 
by John L. Klehm

Scott Eisenberg, Partner and Co-Founder, Amherst Partners
Scott Eisenberg is well known to TMA members as both a co-founder of Amherst Partners and having served the Chapter as both Board Member and a past Chapter President. He was born in Chicago, married a Michigan girl and chose to make his home and career in Detroit. Like many restructuring professionals, he started his career in public accounting, later moving into lending and financial advisory.  
 
Scott grew up in suburban Chicago. A focused student, he chose the University of Illinois due to their strong public accounting program. Upon graduating, he went directly into Indiana University's MBA program , focusing on finance, but it is also where he met his future wife.
 
Out of grad school, Scott's professional life started back in Chicago as an auditor with Deloitte. Two years later he and his fiancé got married and Scott was able to arrange a transfer to Detroit. After five years with Deloitte, an opportunity arose to shift to M&A advisory and he took it.
 
After gaining experience advising clients, Scott was interested in the lending business and joined Onset BIDCO in 1991. At the time, there were a number of BIDCOs (Business Investment Development Companies) in Michigan, each with slightly different mandates. Broadly speaking, BIDCOs made subordinated debt loans and were funded by a combination of public and private investors. According to Scott, the BIDCO business model was flawed. In retrospect, there should have been fewer BIDCOs, each lending more, gaining important economies of scale. Onset BIDCO, the largest of the BIDCO's, had built a very successful portfolio which was sold off in 1993. One key take away however, was an important career connection, Bud Aspatore.
 
Bud had been CEO of Onset-BIDCO and while they were each considering career options, they would connect for coffee and started thinking "we ought to do something together". Ultimately, they decided to co-found an M&A advisory firm, now known as Amherst Partners. Scott characterizes those early months as a "crawling start" due to the time and effort it took to get those first few clients.
 
After a couple years, Scott and Bud had enough work that they began hiring analytical support and junior staff. M&A is cyclical, however, and as the economy softened they developed and grew a restructuring advisory side of Amherst. Scott says the biggest difference between the Amherst of today vs. those early days, is bench strength. Today, it isn't just about the partners at the firm. The firm is chock-full of quality professionals that they wouldn't have had the opportunity to hire in the early days.
 
Scott's work shifts back-and-forth between M&A and restructuring advisory, mostly depending on where we are in the economic cycle. In the past few years he has been spending more time on distressed M&A engagements but has seen restructuring picking up in the past year.
 
Regarding interesting restructuring assignments, several years ago Scott was engaged as CRO for a company based in St. Louis selling fraudulent automotive extended warranties. One of the challenges in this case was dealing with 42 state attorneys general, the Department of Justice and complex legal issues. After two years, the company was successfully wound down and in 2014 featured on an episode of CNBC's American Greed television show.
 
Scott actively gives back to his profession and his community. He has been on the local Detroit and national TMA Boards, Detroit Chapter President as well as active roles in other professional associations. TMA was a great help to his early career in restructuring, facilitating development of professional relationships on which he has built his practice. He is also on several non-profit boards, with the Jewish Federation of Metro Detroit and Yoga Moves MS  being particularly close to his heart.
 
Regarding Scott's personal life, his two children are successful young-adults and he and his wife are avid yoga practitioners. She got him into it 16 years ago and he was hooked. He very much enjoys working with middle-market companies, either helping entrepreneurs realize the benefits of years of hard work by selling or helping them to restructure, saving jobs and enterprises in the process. Scott looks forward to many more years of active involvement in our community.

nextGen Winter Networking Event at Otus Supply
Thursday, February 23, 2017
TMA nextGen invites you to its Winter Networking Event! Come meet and network with like-minded young professionals at Otus Supply, the hottest new eatery and music venue in Ferndale! Our annual TMA nextGen Winter Networking Event is a great way to start your year, and continue fostering your business development. 
 
DATE: Thursday, February 23, 2017
TIME: 6:00PM - 8:00PM
VENUE: Otus Supply, 345 E. 9 Mile Road, Ferndale

 
COST: 
TMA Members - $35 |  Guests - $65

Appetizers and two drink tickets are included with registration.


Certification

TMA's newly streamlined Path to Certification is available. Get one step closer to earning your CTA or CTP designation by purchasing the updated Body of Knowledge study materials and exams for each key pillar of competency.

* Accounting and Finance
* Legal Principles
* Management

The Body of Knowledge materials are available both in digital (PDF) and print formats, so no matter what way you prefer to study, TMA has you covered. 

Click here to purchase the Body of Knowledge books.
Click here to purchase the Certification exams.

Not sure if the study materials are for you? 
Click here to view a sample table of contents from each of the books. 

Email  [email protected] if you have any questions.

Members in the News
December 26, 2016, Detroit Free Press , Conway MacKenzie  was recognized as an outstanding turnaround firm by Turnarounds & Workouts, a Beard Group publication, the 15th time the firm received the distinction.

November 6, 2016,  Steve Wybo , Senior Managing Director, was quoted in  Crain's Detroit Business  in an article entitled, " American Axle to Face New Risks after Metaldyne Grab."

Jason W. Bank was selected as one of the Top 100 lawyers in the State of Michigan by Super Lawyers and was also named a Top Business Lawyer for 2017 by  dbusiness  i n the area of bankruptcy and creditor/debtor rights law.

December 14, 2016, Ray Morandell was promoted to Executive Vice President, National Sales Director, Crestmark Bank. 

December 28, 2016, John Trendell II was promoted to Senior Vice President, Underwriting Manager for Crestmark's East Division.

Newsletter submissions
We are always looking for new content for our newsletter. Have an article you wrote? Received a promotion? Quoted in a newspaper or other publication? We want your information so we can help promote you, our member!

Please send us your submissions for our next newsletter  here.

  
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Upcoming Events

February 9
Trivia Night Hosted by NOW
Dixie Moon Saloon, Royal Oak

February 23
nextGen Winter Networking 
Otus Supply, Ferndale

March 23
March Madness
Hamlin Corner, Royal Oak

April 5-6
MidAmerica Regional Conference
MGM Grand Detroit

June 19
20th Annual Golf Outing
TPC Michigan, Dearborn

Please visit our website for more information and to register for these and other events.


Board of Directors |  2016-2017

Jason Bank, President
Kerr, Russell and Weber, PLC

John Dimovski, President-Elect
Harmon Partners

Russ Long, Treasurer
O'Keefe

Brendan Best, Director
Varnum LLP

Matt Dekutoski, Director
Crestmark Bank

Laura Eisele, Director
Laura J. Eisele PLC
  
Mike Hausman, Director
Conway MacKenzie
  
John Klehm, Director
SPECTRUM Commercial Services

Scot Lund, Immediate Past President
Crestmark Bank
  
Chuck  Mouraine , Director
EDSI Consulting

Eric Novetsky, Director
Jaffe Raitt Heuer & Weiss, P.C.

Ted Sylwestrzak, Director
Dickinson Wright

Amanda Vintevoghel, nextGen President 
The Dragich Law Firm PLLC

Angus White, Director
  
Sharon Kimble, Chapter Executive
TMA Detroit
  
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Welcome  New Members

Matthew Feldman
Amherst Partners

Christopher Hakim
AlixPartners

Keith Schofner
Lambert Leser

Jeffrey Grasl
Grasl PLC

Mariam Iskandarani
Johnson Controls

Jason Miller
Grand Sakwa Properties

Chad Sauter
Conway MacKenzie

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Chapter Contact
Sharon Kimble, Chapter Executive
734.757.4689