Reorganizations Under Chapter 11 of the Bankruptcy Code

Reorganizations Under Chapter 11 of the Bankruptcy Code
Author: Richard F. Broude
Publisher: Law Journal Press
Total Pages: 1314
Release: 2023-12-28
Genre: Business & Economics
ISBN: 9781588520340
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Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts

Chapter 11 Business Reorganizations

Chapter 11 Business Reorganizations
Author: Myles H. Alderman
Publisher:
Total Pages: 200
Release: 2006
Genre: Business & Economics
ISBN: 9781598004137
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A Great Reference Source For Business Leaders and Their Professionals Each year billions of dollars of business credit and contracts are restructured under Chapter 11 of the United States Bankruptcy Code. In the process, substantial fortunes are reallocated. Debtors in Chapter 11 reorganizations range from some of the largest business entities in the world to small local businesses. When these companies file for protection from creditors under Chapter 11, new problems and opportunities are created. Mr. Alderman draws upon over twenty years of experience counseling clients to explain the key legal theories and offer practical and tactical advice to business leaders, stakeholders and their advisors. "This book should be a part of the libraries of management, practitioners and accountants. It is comprehensive." The Halyard Restructuring Group, LLC. "This well organized and comprehensive book will be a great asset for anyone on either side of a Business Bankruptcy." William Wright, President & Publisher, Park Ave Publishers Inc. "This book is a great reference source with a wealth of insightful information - No accounting firm's library will be complete without a copy." James E. Schultz, CPA, Sheptoff, Reuber & Co.

Chapter 11

Chapter 11
Author: Elizabeth Warren
Publisher:
Total Pages: 244
Release: 2008-10-24
Genre: Law
ISBN:
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The ambition of the Chapter 11 system is enormous. Failing businesses can file a petition in bankruptcy, give themselves some breathing room, and take a final chance to save their businesses. Large or small, desperately sliding into collaspe or merely in serious trouble, a company can attempt to reorganzie or, if necessary, can arrange a more orderly burial. This book is about that system... This is a small book that tours a large system, guided on the one hand by the statutory structure and on the other by how the system operates in practice. This book sacrifices coverage of every possible twist in favor of a more coherent overview that exposes some of the tensions, the contradictions, and the genius that comprise Chapter 11. Whatever else may be learned from this book, I hope these pages give a sense of just how interesting the world of business failure and rebirth can be - Elizabeth Warren.

Chapter 11 Reorganizations

Chapter 11 Reorganizations
Author: LandMark Publications
Publisher:
Total Pages: 498
Release: 2017-01-24
Genre:
ISBN: 9781520406442
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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding Chapter 11 Reorganizations. The selection of decisions spans from 2014 to the date of publication.Before a bankruptcy court may confirm a reorganization plan in a Chapter 11 bankruptcy, it must determine if any of the persons voting to accept the plan are insiders. Insiders are either statutory or non-statutory. To be a "statutory insider," a creditor must fall within one of the categories listed in 11 U.S.C. � 101(31). A creditor does not become an insider simply by receiving a claim from a statutory insider. To be a non-statutory insider, the creditor must have a close relationship with the debtor and negotiate the relevant transaction at less than arm's length. In Re The Village at Lakeridge, LLC, 814 F. 3d 993 (9th Cir. 2016)."An insider is one who has a sufficiently close relationship with the debtor that his conduct is made subject to closer scrutiny than those dealing at arms [sic] length with the debtor." S.Rep. No. 95-989, at 25 (1978), as reprinted in 1978 U.S.C.C.A.N. 5787, 5810; H.R.Rep. No. 95-595, at 312 (1977), as reprinted in 1978 U.S.C.C.A.N. 5963, 6269. We recognize two types of insiders: statutory insiders and non-statutory insiders. Statutory insiders, also known as "per se insiders," are persons explicitly described in 11 U.S.C. � 101(31), such as "person[s] in control of the debtor." � 101(31). As a matter of law, a statutory insider has a sufficiently close relationship with a debtor to warrant special treatment. In re Enter. Acquisition Partners, 319 B.R. at 631. No one suggests Rabkin qualifies as a statutory insider in his own right. In Re The Village at Lakeridge, LLC, ibid.A non-statutory insider is a person who is not explicitly listed in � 101(31), but who has a sufficiently close relationship with the debtor to fall within the definition. See Schubert v. Lucent Techs. Inc. (In re Winstar Commc'ns, Inc.), 554 F.3d 382, 395 (3d Cir.2009) ("[I]n light of Congress's use of the term 'includes' in � 101(31), courts have identified a category of creditors, sometimes called 'non-statutory insiders,' who fall within the definition but outside of any of the enumerated categories."); see also � 101(31) (stating that "[t]he term 'insider' includes" the listed categories (emphasis added)); � 102(3) (explaining that "includes" is "not limiting"). In Re The Village at Lakeridge, LLC, ibid.