I have been monitoring the case file. There were several filings yesterday, most notably including an updated list of creditors and a brief in support of the receiver’s motion to extend the court ordered stay (which creates a status quo to block collection efforts by creditors, among other things) and to approve the continuing appointment of the receiver. The current stay order expires on June 3, 2023; the motion asks for an extension to August 3, 2023. At this early stage, I would not expect the motion to be controversial
The following statements in the brief are of particular interest:
- “While the company can still be profitable, Audio Research faced financial hardships resulting from market changes due in part to Covid, which unfortunately occurred at a time during which Audio Research had sought to expand and develop a new product line. The timing of the market slow down at a time of increasing costs and leverage rendered the company unable to pay debts to creditors as they became due.” I had speculated in an earlier post that the I/50 did not work out for the company; sadly this seems to be correct.
- Audio Research has a secured loan payable to Minnesota Bank & Trust (the “Bank”) which holds a security interest in substantially all assets of the company which was perfected by the filing of a financing statement on December 29, 2021. The secured obligation to the Bank is approximately $1,600,000. In addition, Audio Research has unsecured current liabilities of at least $1,000,000.”
- “To Assignee’s current knowledge, all payroll and sales taxes are current, and all employee wages and benefits are current.”
I suspect that the receiver is working cooperatively with the secured creditor, Minnesota Bank & Trust, to identify and find the right buyer. In the meantime, based on the fact that “all payroll and sales taxes are current, and all employee wages and benefits are current”, either the company is still cash flowing from operations, the Bank is still allowing draws on the company’s line of credit, or both. The Bank would not likely fund draws on the line if the company was not cash flowing. Therefore, for now it seems that it is business as usual except that unsecured creditors will most likely be selling goods or providing services on a cash only basis only.
Please note that I am merely speculating based on clues from the court filings.