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distress.txt
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1993-09-06
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Stressing Distress Sales
Government agencies and lenders often auction
properties that have been owned by individuals or
businesses in financial distress. The property is sold
to raise cash and satisfy creditors. As you'd expect,
sellers in such situations are usually in no position to
bargain, so buyers can frequently find good deals.
For example, there are over 1 million individuals
and companies declaring bankruptcy in the United States
each year. When you're bankrupt, you owe more than you
can pay. Often, bankrupts have to sell their possessions
to pay off their debts in whole or in part.
The U.S. Trustee program coordinates efforts by
various bankruptcy trustees to make collections, often
via public auctions. Unfortunately, there are no mailing
lists for these auctions. Your best source is classified
ads in your local newspaper. Or you can ask local
auctioneers to notify you when they're going to handle a
bankruptcy sale.
Government auctions can be a boon to businesses as
well as to consumers. You might, for example, buy low-
cost company cars, trucks and vans. Sometimes you can
find odd pieces of equipment that are not readily
available through traditional marketing channels. If
you're a business owner looking for equipment you can use
in your business, don't neglect bankruptcy auctions as a
source for furniture, fixtures, and office machinery.
Business items are often auctioned after a bankruptcy or
a loan default in which a bank or other lender takes
possession of property pledged as collateral.
Here are some brief descriptions of recent
bankruptcy auctions:
* The U.S. Bankruptcy Court, administering the
liquidation of Russ Togs, Inc., served notice of an
auction of 280,000 garments under the "Russ," "Crazy
Horse," and "Manhattan" brand names.
* The Federal Deposit Insurance Corporation (the
FDIC, which insures bank accounts) and the Resolution
Trust Corporation (or RTC, the S & L bailout agency)
advertised a "public liquidation" of desks, lateral
files, vertical files, swivel chairs and armchairs,
copiers, plus "3000 other items, from bulletproof glass
to household furnishings."
* In 1992, Alexander's, which had been a major
department store chain for decades, went bankrupt. The
U.S. Bankruptcy Court ordered a total liquidation, so a
public auction of the store fixtures, furniture, phone
systems, etc. was held in eight stores.
* On a smaller scale, Mamie's Bakery in West Islip,
New York, went into bankruptcy, too. The U.S. Bankruptcy
Court ordered a bankruptcy auction, putting merchandise
such as baking ovens, butcher block tables, and walk-in
freezers up for sale.
* Recently, the New York Times ran an ad announcing
an auction designed to prevent foreclosure on A.W.B. &
Partners, a major fine-art company. The auction, held at
a Sheraton Hotel in Smithtown, Long Island, included
emerald- and diamond-studded bracelets and works of art
by Chagall and Dali. If you were willing to play in that
league, the auctioneer was willing to accept credit
cards, charging you a 10% buyer's premium.
Some auction notices merely state that a secured
creditor is selling items, obviously collateral pledged
to back a loan that subsequently went into default.
Especially in these troubled economic times, you can
expect frequent ads for auctions of office equipment,
machinery, furniture, fixtures, etc., which might be
useful if you operate a business.
If a retailer goes out of business, you'll likely
see ads for secured creditors (manufacturers and
wholesalers) who want to sell new furniture, such as,
bedroom sets and dining room sets. Recently, a bank in
New Haven offered 2,000 Oriental rugs it had repossessed.
You can find out about such auctions in your local
newspaper. As always, attend the preview to inspect the
merchandise and read the terms of sale. If you're
thinking about buying machinery, be certain that it
works.
Great Buys In Small Packages
Yet another federal agency auctioning property from
distressed borrowers is the Small Business
Administration. The SBA guarantees bank loans to small
companies; the companies (and often the companies'
owners) pledge assets as collateral for the loans.
If all goes well, the businesses will generate
enough cash to repay the loans. But usually not all goes
well, especially with start-up businesses. If the
business doesn't perform well, the collateral will be
seized and sold to facilitate repayment.
Who sells the property? Sometimes the bank,
sometimes the SBA. Call your local SBA office to ask
about future auctions. Also ask which auctioneers the
SBA uses and which banks are certified or preferred
lending institutions. Then, contact those auctioneers
and banks to ask about SBA auctions.
You need to be careful, though. In one recent
instance, the SBA offered a home in a mountain resort
community "as is." Although the home needed a new well
and a new septic system, this wasn't revealed. According
to local gossip, the auctioneer used the threat of a
lawsuit to silence a neighbor who knew about the defects.
So check carefully before bidding.