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Bankruptcy Compensation

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Your executive compensation program is one of the most important levers in a restructuring. We assist you in developing and defending appropriate compensation programs to motivate and reward key executives and employees during the restructuring. Our professionals can assist companies with the design, negotiation and benchmarking of Key Employee Incentive Programs (“KEIPs”), Key Employee Retention Programs (“KERPs”), Emergence Equity Programs and Severance Programs.

We can help with the following:

  • We have developed a robust database of KEIPs, KERPs and Emergence Equity Programs approved since the enactment of The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) that will be drawn upon in designing Bankruptcy Compensation Programs
  • We assist with the overall design of the KEIP, KERP, Emergence Equity and Severance Programs, including the number of participants, payout potential, performance measures, aggregate potential payout and average potential payout per participant
  • We assist with pre-restructuring planning to design flexible and resilient compensation programs that are appropriate in the restructuring context
  • We benchmark the amounts payable, as well as the design of the KEIP, KERP and Emergence Equity Programs
  • We work with the Company and Bankruptcy Counsel in determining the “Insiders”
  • We assist with the negotiation of the KEIP, KERP, Emergence Equity and Severance Programs with other Stakeholders
  • We testify in Bankruptcy Court on the reasonableness of the Programs in design and potential payout amounts
  • Click here to find out more about our Restructruring Advisory services.