- Browse
- » Chapter 11: reorganizing American businesses : essentials
Chapter 11: reorganizing American businesses : essentials
Author
Publisher
Aspen Publishers
Publication Date
c2008
Language
English
Description
Loading Description...
Table of Contents
From the Book
Success, failure, and success again
Who files?
What does it mean to reorganize?
A quick history of business reorganization
Why encourage reorganization?
Distributive consequences of Chapter 11
Does Chapter 11 work?
Getting started
The filing decision
The bankruptcy estate
The automatic stay
Who benefits from the stay
Exceptions to the stay
Lifting the stay
Implications of stay litigation
Property of the estate
What is property of the estate?
Property excluded from the estate
Turnover of property of the estate
Creditors' Claims Against the Estate
Pre-bankruptcy claims
Secured and unsecured claims
Policy considerations
Operating the business
Who runs the show?
Managing as a Debtor-In-Possession (DIP)
Replacing the DIP
The U.S. trustee
First day orders
Who runs the business?
Role of the creditors
Committee Work
How the business operates
Policy considerations
Reshaping the business
Dealing with the outstanding contracts
Basic structure
rejection
Assumption
Assignment
Interim treatment of executory contracts
Reorganizing American Businesses : essentials
Special circumstances
The economics of contracts with bankrupt businesses
Selling assets
The strong-arm clause
Operation of the strong-arm clause
Voidable preferences
Basic structure
Exceptions to the voidable preference rules
Impact on business negotiations outside
Bankruptcy
Statutory liens
Basic structure
Summary
Fraudulent conveyances
Basic structure
Summary
State avoidance laws
General operation
Summary
Equitable subordination
Operational details
Policy considerations
Confirming the Chapter 11 plan
Power to propose the plan
Basic structure
Summary
Special rules for small businesses
The new rules
Targeting small businesses
Plan process
Consensual plans
Voting rights
Other creditor protections
Nonconsensual plans
Absolute priority
The 1111(b) election
Discharge
No-discharge plans
The role of valuation
Moving faster with a pre-packaged plan
Policy considerations
Jurisdiction, procedure, and transnational cases
A broad grant of jurisdiction
The code solution and problem
A constitutional knot
Appeals from the bankruptcy court
Case management
Jury trials
Contempt powers
Where to file the bankruptcy case
Policy considerations
Cross-border bankruptcies.
Excerpt
Loading Excerpt...
Author Notes
Loading Author Notes...
More Details
ISBN
9780735576544
Staff View
Loading Staff View.
