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Bankruptcy Compensation Services

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We assist with developing programs to mitigate employee attrition and support organizational goals during uncertain times.
We assist with developing programs to mitigate employee attrition and support organizational goals during uncertain times.
Our professionals are uniquely qualified to assist management in developing, negotiating and defending appropriate compensation programs to motivate and reward executives and other key employees, and achieve critical objectives during a restructuring.
Our professionals are uniquely qualified to assist management in developing, negotiating and defending appropriate compensation programs to motivate and reward executives and other key employees, and achieve critical objectives during a restructuring.
We help position the organization for a successful restructuring, including the design of pre-paid retention programs that can identify and proactively address potential attrition issues.
We help position the organization for a successful restructuring, including the design of pre-paid retention programs that can identify and proactively address potential attrition issues.
Our team can provide objective data and guidance on how to fairly compensate board members for the additional time commitments a restructuring demands.
Our team can provide objective data and guidance on how to fairly compensate board members for the additional time commitments a restructuring demands.
We provide expert witness testimony in support of restructuring compensation programs, including declarations, depositions and court testimony to the extent necessary.
We provide expert witness testimony in support of restructuring compensation programs, including declarations, depositions and court testimony to the extent necessary.
Leveraging our robust database of plans implemented in connection with restructurings, our experienced professionals conduct benchmarking analyses to ensure that both the compensation amounts and as the overall plan design are aligned with market.
Leveraging our robust database of plans implemented in connection with restructurings, our experienced professionals conduct benchmarking analyses to ensure that both the compensation amounts and as the overall plan design are aligned with market.
We structure comprehensive and thorough management incentive plans and other post-emergence compensation programs to ensure the entity has the necessary go-forward arrangements in place.
We structure comprehensive and thorough management incentive plans and other post-emergence compensation programs to ensure the entity has the necessary go-forward arrangements in place.

 

Learn More:

American Bankruptcy Institute Journal

A&M featured in the ABI Journal: Coronavirus’s Impact on Executive and Board of Director Compensation

AIRA Journal

A&M featured in AIRA Journal: Board Compensation in times of Distress: Preparing for the Road Ahead

NACD

A&M featured on NACD-Online: Preparing for Board Compensation in Times of Distress

Restructuring Compensation Services

Learn more about A&M's Restructuring

ARIA Journal
A&M featured in the AIRA Journal: Trends in Distressed Compensation: Oil & Gas Companies Shift Focus to Retention as COVID-19 Remedy
 

 

Executive compensation programs are one of the most important levers in a restructuring. We assist 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.

As part of this comprehensive process, we can assist with the following:

  • Overall design of the KEIP, KERP, Emergence Equity and Severance Programs, including the number of participants, aggregate payout potential, performance measures, and average potential payout per participant
    • Over the past 15 years, 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. Currently, our database includes:

Bankruptcy Compensation Services
  • Pre-restructuring planning to construct flexible and resilient compensation programs that are appropriate in the restructuring context for both executive and broad-based populations
  • Benchmarking analyses of the potential amounts payable, as well as the structure of the KEIP, KERP and Emergence Equity Programs
  • Examination, in conjunction with the Company and Bankruptcy Counsel, of which individuals that may be considered “Insiders”
  • Negotiation of the KEIP, KERP, Emergence Equity and Severance Programs with other Stakeholders
  • Testimony in Bankruptcy Court on the reasonableness of the Programs in design and potential payout amounts