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.

Filing for Chapter 11 Bankruptcy
Filing for Chapter 11 Bankruptcy

Author: Michael H. Torkin

Publisher:

Published: 2011-06

Total Pages: 0

ISBN-13: 9780314277664

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Filing for Chapter 11 Bankruptcy is an essential guide and overview for officers and directors of a financially distressed company. Written by an internationally-recognized and respected corporate bankruptcy attorney, this essential primer on Chapter 11 preparation discusses the planning aspects of a corporate Chapter 11 case. This easy-to-read guide highlights what management needs to know about considering the Chapter 11 option and the work streams and advisory teams that need to be assembled in order to prepare for an orderly chapter 11 case. Is Chapter 11 appropriate for your company? What are the key work streams involved in preparing for Chapter 11? What are your duties as a director or officer of a distressed company? Filing for Chapter 11 Bankruptcy can help you answer these questions, provide you with insights regarding the gathering and organizing of relevant documents, and direct you in assembling an appropriate advisory team. After reading this primer, you will be an informed and educated client, prepared to tackle the challenges of your company's Chapter 11 case with confidence. Most importantly, you will be prepared to work effectively and knowledgably with your legal counsel and financial advisor to assist you with the consideration and preparation of your company's Chapter 11 case. Book jacket.

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.

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.

Saving Your Business
Saving Your Business

Author: Suzanne Caplan

Publisher:

Published: 1992

Total Pages: 276

ISBN-13:

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Tells how to recognize the signs of a failing business, how to file for bankruptcy reorganization rather than liquidation, and how to manage a company throughout the bankruptcy process in order to emerge with the business intact, and even stronger.