Reorganizations Under Chapter 11 of the Bankruptcy Code

Reorganizations Under Chapter 11 of the Bankruptcy Code

Author: Richard F. Broude

Publisher: Law Journal Press

Published: 2023-12-28

Total Pages: 1314

ISBN-13: 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

Chapter 11

Author: Elizabeth Warren

Publisher: Aspen Publishing

Published: 2015-01-30

Total Pages: 214

ISBN-13: 1454861592

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Chapter 11: Reorganizing American Businesses, The Essentials is part Aspen’s new Essentials series, which takes a “forest rather than the trees” approach to teaching. This concise paperback concentrates on the fundamentals of business bankruptcy law and uses an informal, essay-like style to explain them. In addition to developing the important ideas in business bankruptcy, the author also takes a look at some of the more important operational elements in order to bring the material to life. Suitable for use with any casebook, this text clarifies the important topics and bridges the gap of understanding for the student.


Strategic Bankruptcy

Strategic Bankruptcy

Author: Kevin J. Delaney

Publisher: Univ of California Press

Published: 2023-09-01

Total Pages: 236

ISBN-13: 9780520911024

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In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil. Bankruptcy, once a term that sent shudders up a manager's spine, has now become a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets employ bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game? In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option, and not just a last-ditch solution. This searing exposé of current corporate practices will incite debate among corporate executives, lawyers, legislators, and policy makers.


Chapter 11 Business Reorganizations

Chapter 11 Business Reorganizations

Author: Myles H. Alderman

Publisher:

Published: 2006

Total Pages: 200

ISBN-13: 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.


Glannon Guide to Bankruptcy

Glannon Guide to Bankruptcy

Author: Nathalie Martin

Publisher: Aspen Publishing

Published: 2022-12-13

Total Pages: 552

ISBN-13: 1543807739

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A powerful combination of well-written explanations, multiple-choice questions, analysis, and exam-taking tips, THE GLANNON GUIDE TO BANKRUPTCY: Learning Bankruptcy Through Multiple-Choice Questions and Analysis prepares you to take any type of exam in a bankruptcy course. Daniel Keating and Nathalie Martin (the holder of the Frederick M. Hart Chair in Consumer and Clinical Law, the only chair in the nation dedicated to issues relevant to consumers and consumer protection) present a thoughtful review of course content—and, in the process, show you how to effectively analyze and answer exam questions. New to the 5th Edition: Thorough coverage of new subchapter V of the Small Business Reorganization Act Text and question on the Supreme Court’s decision in City of Chicago v. Fulton regarding automatic stay violations New material on third-party releases, including Purdue Pharma’s Chapter 11 case Bankruptcy Code dollar figures updated with inflation-adjusted numbers More than 50 new multiple-choice questions Professors and students will benefit from: An extraordinarily user-friendly and interactive approach that students can relate to Multiple-choice questions, pitched at an appropriate level and integrated into a thorough review of bankruptcy topics An introductory overview of bankruptcy law that prepares you to better understand subsequent chapters and questions Clear analysis of both correct and incorrect answers that clarify nuances in the law Valuable exam-taking pointers, applicable to every type of question A challenging final question at the end of each chapter that illustrates a sophisticated problem in the area under discussion Questions in the final chapter that review the concepts covered in the preceding chapters


United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Creating Value Through Corporate Restructuring

Creating Value Through Corporate Restructuring

Author: Stuart C. Gilson

Publisher: John Wiley & Sons

Published: 2010-04-05

Total Pages: 852

ISBN-13: 0470503521

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An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.


The Attorney's Handbook on Small Business Reorganization Under Chapter 11

The Attorney's Handbook on Small Business Reorganization Under Chapter 11

Author: Argyle Publishing Company

Publisher:

Published: 2021

Total Pages: 384

ISBN-13: 9781880730652

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This handbook will assist attorneys and paralegal in filing bankruptcies for small businesses under Chapter 11. Newly updated for 2021! Includes new Chapter 11 plan forms, revisions to Bankruptcy Rules, new proof of claim requirements and timelines, revisions to plan objection and confirmation, revisions to determination of secured and priority claims, and more including the Small Business Reorganization Act of 2019! This revised and updated Chapter 11 bankruptcy book for attorneys / lawyers contains everything an attorney needs to know to successfully prosecute a Chapter 11 bankruptcy case. It contains commentary and instructions on the preparation, filing and handling of small business cases under Chapter 11 of the Bankruptcy Code. It covers the filing and handling of Chapter 11 cases for small businesses and individuals in any state or district. Ideal for attorneys with all levels of familiarity with Chapter 11, from attorneys who may not be familiar with Chapter 11 practice, to experienced attorneys. This handbook has helped more than 10,000 attorneys expand and perfect their practice nationwide.This handbook contains: Instructions on handling every aspect of a Chapter 11 case, from the initial interview to the closing of the caseThe complete text of the Federal Bankruptcy Rules and all applicable chapters of the Bankruptcy Code revised to January 1, 2021Samples of the petitions, schedules, statements, motions and other documents used in Chapter 11 casesInformative questions and answers about Chapter 11Workouts and other nonbankruptcy alternativesAn explanation of the employment and compensation of the debtor's attorney in a Chapter 11 caseAn explanation of when Chapter 11 is preferable to Chapter 7 or 13An explanation of how to prepare and obtain approval of a Plan of Reorganization and a Disclosure StatementAn explanation of the confirmation process in Chapter 11 cases


The Attorney's Handbook on Small Business Reorganization Under Chapter 11

The Attorney's Handbook on Small Business Reorganization Under Chapter 11

Author: Harvey J. Williamson

Publisher:

Published: 2015-01-01

Total Pages:

ISBN-13: 9781880730720

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This Chapter 11 bankruptcy book for attorneys contains everything an attorney needs to know to successfully prosecute a Chapter 11 bankruptcy case. It contains commentary and instructions on the preparation, filing and handling of small business cases under Chapter 11 of the Bankruptcy Code. It covers the filing and handling of Chapter 11 cases for small businesses and individuals in any state or district. Ideal for attorneys with all levels of familiarity with Chapter 11, from attorneys who may not be familiar with Chapter 11 practice, to experienced attorneys. This handbook has helped more than 10,000 attorneys expand and perfect their practice nationwide.This handbook contains: Instructions on handling every aspect of a Chapter 11 case, from the initial interview to the closing of the case The complete text of the Federal Bankruptcy Rules and all applicable chapters of the Bankruptcy Code Samples of the petitions, schedules, statements, motions and other documents used in Chapter 11 cases Informative questions and answers about Chapter 11 Workouts and other nonbankruptcy alternatives An explanation of the employment and compensation of the debtors attorney in a Chapter 11 case An explanation of when Chapter 11 is preferable to Chapter 7 or 13 An explanation of how to prepare and obtain approval of a Plan of Reorganization and a Disclosure Statement An explanation of the confirmation process in Chapter 11 cases