Remedying a wasteful Bank Line of Credit – REFS

Recent Engagement:
Day-to-Day Management Services

line of credit

Remedying a wasteful Bank Line of Credit:

Through our “Day-to-Day Management Services,” MyCFO can handle every element of financial management, from ideas to ensure cash-on-hand for payroll obligations to designing financial strategies to grow a company.  In this recent engagement, MyCFO was brought in to remedy a brewing problem in cash flow management that was turning into a potential bank financing catastrophe.

The good news was that our client had a sizable revolving line of credit with a local bank, helping them to finance working capital needs.  The bad news was that the line was perpetually maxed-out, which meant that the company was always pushing it’s ability to meet payroll, vendor payments and generally all day-to-day cash needs, as well as incurring high interest expenses.

Further, the bank was anxious because the company was making principal payments less and less frequently, make it essentially an “evergreen loan” (vs. the revolving credit line’s intent, which was to access money for working capital needs, then pay down the balance, as seasonal changes impacted the business).

The company had inquired about increasing the line of credit but the bank turned them down, saying the company didn’t qualify because the bank’s ratio forecasting showed that covenants would surely be violated.

Further, their banker indicated that in order for the line to be renewed the company would need an “annual clean-up” period.  This covenant requires a borrower to pay off all balances on any renewable lines of credit and keep them at zero for a specified period of time, e.g., 30 days.  Our client knew that this was going to be impossible in the current circumstances.

MyCFO’s work:

The client came to MyCFO seeking a solution to their dilemma.  Our work included:

  • Installed an effective forecasting system
  • Determined cash requirements
  • Set up efficient accounts payable processing
  • Expedited accounts receivable turnover
  • Trained accounting department on new systems
  • Revised bank reporting processes
  • Interacted with bank regarding covenants and renewal

Key Benefits:

As a result of MyCFO’s work, the company had a vastly improved cash management system.  The line of credit began to function as intended, as a revolving line that ebbed and flowed with cash flow needs.  Of course, this helped with bank relations; the bank has indicated that after some periods of consistent performance under the revised system, they will evaluate a potential increase in the lending limit.  Interest expense was also substantially better due to the lower average balance.

Does your customer need help?

If this is the day-to-day support level that your customer needs, have them contact us today!  Download our one-sheet brochure here.

Remedying a wasteful Bank Line of Credit – PROSPECTS

Recent Engagement:
Day-to-Day Management Services

line of credit

Remedying a wasteful Bank Line of Credit:

Through our “Day-to-Day Management Services,” MyCFO can handle every element of financial management, from ideas to ensure cash-on-hand for payroll obligations to designing financial strategies to grow your company.  In this recent engagement, MyCFO was brought in to remedy a brewing problem in cash flow management that was turning into a potential bank financing catastrophe.

The good news was that our client had a sizable revolving line of credit with a local bank, helping them to finance working capital needs.  The bad news was that the line was perpetually maxed-out, which meant that the company was always pushing it’s ability to meet payroll, vendor payments and generally all day-to-day cash needs, as well as incurring high interest expenses.

Further, the bank was anxious because the company was making principal payments less and less frequently, make it essentially an “evergreen loan” (vs. the revolving credit line’s intent, which was to access money for working capital needs, then pay down the balance, as seasonal changes impacted the business).

The company had inquired about increasing the line of credit but the bank turned them down, saying the company didn’t qualify because the bank’s ratio forecasting showed that covenants would surely be violated.

To make matters worse, their banker indicated that in order for the line to be renewed the company would need an “annual clean-up” period.  This covenant requires a borrower to pay off all balances on any renewable lines of credit and keep them at zero for a specified period of time, e.g., 30 days.  Our client knew that this was going to be impossible in the current circumstances.

MyCFO’s work:

The client came to MyCFO seeking a solution to their dilemma.  Our work included:

  • Installed an effective forecasting system
  • Determined cash requirements
  • Set up efficient accounts payable processing
  • Expedited accounts receivable turnover
  • Trained accounting department on new systems
  • Revised bank reporting processes
  • Interacted with bank regarding covenants and renewal

Key Benefits:

As a result of MyCFO’s work, the company had a vastly improved cash management system.  The line of credit began to function as intended, as a revolving line that ebbed and flowed with cash flow needs.  Of course, this helped with bank relations; the bank has indicated that after some periods of consistent performance under the revised system, they will evaluate a potential increase in the lending limit.  Interest expense was also substantially better due to the lower average balance.

Need help?

If this is the day-to-day support level that you need, contact us today!  Download our one-sheet brochure here.

Remedying a wasteful Bank Line of Credit – CLIENTS

Recent Engagement:
Day-to-Day Management Services

line of credit

Remedying a wasteful Bank Line of Credit:

Through our “Day-to-Day Management Services,” MyCFO can handle every element of financial management, from ideas to ensure cash-on-hand for payroll obligations to designing financial strategies to grow your company.  In this recent engagement, MyCFO was brought in to remedy a brewing problem in cash flow management that was turning into a potential bank financing catastrophe.

The good news was that our client had a sizable revolving line of credit with a local bank, helping them to finance working capital needs.  The bad news was that the line was perpetually maxed-out, which meant that the company was always pushing it’s ability to meet payroll, vendor payments and generally all day-to-day cash needs, as well as incurring high interest expenses.

Further, the bank was anxious because the company was making principal payments less and less frequently, make it essentially an “evergreen loan” (vs. the revolving credit line’s intent, which was to access money for working capital needs, then pay down the balance, as seasonal changes impacted the business).

The company had inquired about increasing the line of credit but the bank turned them down, saying the company didn’t qualify because the bank’s ratio forecasting showed that covenants would surely be violated.

To make matters worse, their banker indicated that in order for the line to be renewed the company would need an “annual clean-up” period.  This covenant requires a borrower to pay off all balances on any renewable lines of credit and keep them at zero for a specified period of time, e.g., 30 days.  Our client knew that this was going to be impossible in the current circumstances.

MyCFO’s work:

The client came to MyCFO seeking a solution to their dilemma.  Our work included:

  • Installed an effective forecasting system
  • Determined cash requirements
  • Set up efficient accounts payable processing
  • Expedited accounts receivable turnover
  • Trained accounting department on new systems
  • Revised bank reporting processes
  • Interacted with bank regarding covenants and renewal

Key Benefits:

As a result of MyCFO’s work, the company had a vastly improved cash management system.  The line of credit began to function as intended, as a revolving line that ebbed and flowed with cash flow needs.  Of course, this helped with bank relations; the bank has indicated that after some periods of consistent performance under the revised system, they will evaluate a potential increase in the lending limit.  Interest expense was also substantially better due to the lower average balance.

Need help?

If this is the day-to-day support level that you need, contact us today!  Download our one-sheet brochure here.

Is it time to remove a trustee?

 

trustee removal

Is it time to remove a trustee?

Is there a “breach of fiduciary duty”?

Unfortunately, there are times when a trustee should be removed from the position.  If you’ve thought about it, chances are it might be necessary – and you should quickly consult legal counsel before the situation gets worse.

Who can remove a trustee?

Under California law, only certain people have the proper standing to take a trustee to court for removal: trustor, co-trustees, trust beneficiaries, and a California probate court, which may intervene in trust administration.

Why would a trustee be legally removed?

A trust agreement, along with state law, provide guidelines as to a trustee’s duties and responsibilities, which essentially involve the obligation to follow the terms of the trust agreement and to act in good faith and in the best interests of the beneficiaries.  When a trustee violated his/her duty toward the trust (“breach of fiduciary duty”), it can lead to grounds for removal.  These may include:

  • Violating requirements of the trust agreement
  • Mismanagement of trust assets, either intentionally or negligently
  • Fraud or misappropriation of trust assets
  • Self-dealing with trust assets
  • Uncooperative or unresponsive with beneficiaries or co-trustees
  • Conflict of interest with a beneficiary
  • Trustee negligence(failure to perform fiduciary duties due to a lack of ability, attention or care)
  • Charging illegal or excessive fees/expenses
  • Mental incapacity or debilitating injury/disease of the trustee
  • Financial insolvency of the trustee, such as when the trustee has filed for bankruptcy

How is a trustee removed?

A beneficiary or co-trustee can submit a petition to the court for trustee removal.  A judge will hear the arguments for/against removal, then if the judge determines removal is appropriate, a replacement trustee will be appointed. In some circumstances, the judge will order the trustee to pay monetary damages, attorney’s fees, and court costs.

The removal process typically involves some or all of these steps:

  • Suspend the trustee’s powers
  • Remove the trustee
  • Determine damages, if any, against the trustee
  • Appoint a temporary trustee
  • Appoint a successor trustee

Note that in some situations, the parties can negotiate a settlement agreement before the removal hearing in which the trustee might choose to voluntarily resign in order to avoid the personal liability should the case goes to trial.

What evidence is needed?

Sufficient evidence is required to demonstrate to the court that the trustee violated the terms of the trust agreement or their fiduciary duty. Court removal of a trustee is complex, in that trustee positions were designed to be stable, so the process may involve conducting numerous steps such as depositions, issuing subpoenas for records, experts such as accountants, and asking the court to order the trustee to provide an accounting.

How do I protect myself from being removed?

To protect yourself from being removed as a trustee, you must comply with your legal duties and obligations.  Make sure that you thoroughly read and understand the trust agreement.  Hire a trust attorney, from the outset of your trustee duties if not before, to guide and protect you from removal and potential liability for monetary damages based on unintentional errors.   Always perform as a true fiduciary, acting in good faith, managing the trust prudently, and for the sole benefit of the trust and its beneficiaries.

How long does It take to remove a trustee?

Removing a trustee for a breach of his/her duties can be a long and expensive process. Note that a trustee may be allowed to use trust assets in order to defend against removal.  In contrast, beneficiaries will need to pay court costs and attorney’s fees out of their own pocket.  The timeframe for litigation is difficult to estimate, but it can possibly take years of appeals until a trustee is formally removed.

Decades of Trust Litigation Expertise

Our attorneys have substantial experience representing clients in trustee removal matters.  We can assess your current situation, help avoid pitfalls, and guide you through what can be a very traumatic period.  If necessary, we can assemble and present the evidence so the judge can properly rule as quickly as possible.  Please contact Mortensen & Reinheimer, PC at (714) 384-6053 to make an appointment, or use our online contact form. Our website is http://www.ocestateplanning.net. 

About the author:
Noah B. Herbold, Attorney, is a Certified Specialist in Estate Planning, Trust & Probate Law (The State Bar of California Board of Legal Specialization). His primary focus is assisting clients with litigated matters such as: Trust Contests, Breach of Trust, Fiduciary Appointment and/or Removal, Asset Ownership, Beneficiary Rights, Determination of Heirship, Elder Financial Abuse, Property Disputes, and Conservatorships. Contact Noah at noah@ocestateplanning.net.

“Day-to-Day Management”:
Recent Engagements

day to day management

Through our Day-to-Day Management” service, MyCFO can handle every element of financial management, from meeting payroll to designing financial strategies to grow your company.  Our expertise can be a key difference in fueling the growth of your company!

Recent Engagement examples:

In this engagement, a number of financial issues (i.e., incorrect revenue recognition, job costing, bad financial data, out-of-control overhead, etc.) had caused the company to find itself in a deep hole, heading towards bankruptcy – and the owner would also lose his house, which was bank collateral.

MyCFO was brought in to turn around the company and set it on a long-term course to profitability and success.

Our client, a construction contractor, had purchased a business which he subsequently found the previous owners had provided dubious sales and other financial data.  The company’s financial staff used different systems internally, thus producing inconsistent and inaccurate financial data.

Expenses were far beyond industry norms in certain categories, especially on overhead.  On the sales side, deposits for jobs were recognized as revenue, and eventually used to fund other customers’ projects; bother were severe errors that exacerbated problems.  It didn’t take long before a cash flow crisis arose and become increasingly severe.

Further, the prior company had a somewhat poor reputation, which required significant rebranding and related marketing expenditures.

A major issue was debt management.  The owner had taken out two loans, including a term loan to buy the business and a working capital line of credit.  Both were in violation of the loan agreements’ covenants and conditions.  The owner was on the verge of losing his house, which was provided as collateral with his continuing guaranty on the loans.

Further, due to the cash flow crisis, the owner had maxed out his American Express card.  The company’s largest vendor was also demanding payment on accounts payable that were far in arrears.

At the rate the business was going, it wouldn’t have been long until full collapse.

MyCFO’s work:

A critical item at the onset was bank negotiations, allowing for relaxed terms until the company got back on its feet, so that the working capital line could remain in place.

In addition, MyCFO negotiated acceptable payment terms with vendors, especially the largest, which allowed continued product procurement.

Detailed job costing systems were established.  This is a method of calculating the actual costs and revenues by “job,” allowing for profitability projections and reporting per job.

Expense controls were established.  To help our client manage them more effectively, MyCFO set up a “financial dashboard” which is a management tool that helps to track and analyze “key performance indicators (KPIs) to monitor financial health.  This allowed the client to track expenses, sales and profit, then make appropriate financial decisions.

Another investor was brought in to raise cash for working capital needs.  MyCFO negotiated terms and worked with an attorney to make certain the buy-in agreement was appropriate.

Results:

This engagement spanned about two and one-half years.  The first nine months were spent identifying and then resolving the key near-term issues, helping to keep the company afloat.  The next phase was building staff and systems for long-term success.  The last phase was transitioning MyCFO’s management to the company’s internal management and staff, so that the company could safely provide for itself over a prosperous future.

Need help?

Clients who engage us for Day-to-Day Management” often find that MyCFO is the missing puzzle piece to their financial success.  To learn more about how MyCFO can help your business, contact us today!