Download or read book Corporate Governance in Chapter 11 Reorganizations written by Edward S. Adams and published by . This book was released on 2015 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.In response to these costs, some scholars have called for the repeal of Chapter 11, while others have advocated merely a new approach to Chapter 11 reorganization proceedings. Still others defend the present Chapter 11 system. This Article contends that reducing bankruptcy costs requires a revised Chapter 11 reorganization structure. This Article posits a two-part revision to the present Chapter 11 system: (1) replacing corporate managers acting as debtors in possession with trustees; and (2) establishing a methodology to guide these new decision makers in determining whether a reorganization or a liquidation is the proper course of action in a given case.
Download or read book Reorganizations Under Chapter 11 of the Bankruptcy Code written by Richard F. Broude and published by Law Journal Press. This book was released on 2023-12-28 with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Buck Stops Where written by and published by . This book was released on 1991 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chapter 11 Corporate Governance and the Role of Examiners written by Stefan Korch and published by . This book was released on 2018 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debtor-in-possession model causes major corporate governance problems because the debtor's management has huge incentives to favor some parties over others before or in bankruptcy, e.g. through fraudulent conveyances or preference transfers. Control mechanisms, conversely, are weak. For instance, creditors' committees are often not appointed, ineffective or conflicted. The bankruptcy court has, however, a strong instrument to detect and undo wrongdoing: the appointment of examiners. They can help to overcome many of these problems because they can neutrally investigate all potential violations of the law. On the other side, their appointment also has downsides, e.g. fees, potential delays, and disruptions in reorganization. Hence, the critical question is how courts can assess whether or not to appoint an examiner. There is no easy answer because the courts have little insight into the debtor's circumstances. To overcome this information asymmetry problem, I propose the appointment of preliminary examiners. They should be appointed in a majority of Chapter 11 bankruptcy cases. They would conduct a summary investigation to detect potential violations of the law and report their findings to the bankruptcy court. On that basis, the court could make a more informed decision on the initial question of whether to appoint an ordinary examiner and, further, on the scope of her mandate. The main advantage compared to traditional examiners would be the substantially lower costs. This reform proposal would not only help to enrich the estate in the individual case but would also deter wrongdoing in the future. It hence can be understood as a tool to improve corporate governance in financially distressed or bankrupt companies.
Download or read book Navigating Today s Environment The Directors and Officers Guide to Restructuring written by John William Butler and published by Beard Books. This book was released on 2010-08 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compendium of forty five articles on the restructuring process intended as a guide for corporate directors and officers.
Download or read book Chapter 11 Business Reorganizations written by and published by . This book was released on 1994 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rediscovering Corporate Governance in Bankruptcy written by David A. Skeel and published by . This book was released on 2016 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Essay on Lynn LoPucki and Bill Whitford's corporate reorganization project, written for a symposium honoring Bill Whitford, I begin by very briefly describing its historical antecedents. The project draws on the insights and perspectives of two closely intertwined traditions: the legal realism of 1930s, whose exemplars included William Douglas and other participants in the SEC study; and the law in action movement at the University of Wisconsin. In Section II, I briefly survey the key contributions of the corporate governance project, which punctured the then-conventional wisdom about the treatment of shareholders in bankruptcy, managers' principal allegiance, and many other issues. In Section III, I consider two major shifts that have taken place in Chapter 11 practice in the twenty-five years since the study: the rise of creditor influence in Chapter 11, and shifts in the principal participants in (and scope of) large corporate reorganization cases. In Part IV, I explore one of LoPucki and Whitford's key proposals -- compensation for unsecured creditors when they are made to bear business risk in bankruptcy -- and consider its potential relevance for the hotly debated, current question of the scope of a secured creditor's lien in bankruptcy.
Download or read book Chapter 11 Business Reorganizations 1986 written by and published by . This book was released on 1986 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reorganizations Under Chapter 11 of the Bankruptcy Code written by Charles Edward Dobbs and published by . This book was released on 1980 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chapter 11 Business Reorganizations written by and published by . This book was released on 2009 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fundamentals of Chapter 11 Business Reorganizations written by and published by . This book was released on 1994 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unwritten Law of Corporate Reorganizations written by Douglas G. Baird and published by Cambridge University Press. This book was released on 2022-05-26 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.
Download or read book Charitable Insolvency and Corporate Governance in Bankruptcy Reorganization written by Reid K. Weisbord and published by . This book was released on 2014 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poor corporate governance is a pervasive problem in the charitable nonprofit sector. Prominent examples of mismanagement and abuse include instances of intentional misconduct, such as embezzlement and unauthorized self-dealing, and negligent conduct, such as failure to diversify the organization's investment assets. In numerous cases, the lack of good corporate governance had led to the financial distress or failure of a charitable nonprofit firm. A rich literature on nonprofit law has considered the need for better corporate governance and enforcement of fiduciary duties, but the scholarship has yet to address the implications of financial distress and insolvency on corporate governance.This article, 'Charitable Insolvency and Corporate Governance in Bankruptcy Reorganization,' fills that void and argues that, when a charity encounters financial distress and approaches the point of insolvency, features and customs of nonprofit and bankruptcy law tend to exacerbate rather than ameliorate the corporate governance problem. Consequently, charitable insiders who breach their fiduciary duties are in a better position to entrench themselves and avoid termination than their for-profit counterparts.In the for-profit sector, three constraints tend to regulate corporate governance by helping to oust fiduciaries responsible for financial distress: bank monitoring of commercial loan covenants; absolute priority and the transfer of ownership in bankruptcy; and involuntary bankruptcy proceedings. In the nonprofit sector, however, those constraints are either less effective or do not apply. As a result, blameworthy charitable fiduciaries are better able to entrench themselves and, without new competent leadership, financially distressed charities are less likely to achieve a full and sustainable financial recovery. My article contains some nascent ideas for reform, including a suggestion that the law might better protect the public interest in charitable assets from waste and abuse by presumptively appointing bankruptcy examiners in all Chapter 11 reorganization proceedings involving substantial charitable assets. Once appointed, bankruptcy examiners would be tasked with identifying the cause of insolvency and individuals responsible for the charity's financial distress.
Download or read book Freedom of Information Act Guide written by and published by . This book was released on 2007 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debt s Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Download or read book Business Reorganizations written by Michael A. Gerber and published by LexisNexis. This book was released on 2013 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references and index.
Download or read book Chapter 11 Bankruptcy Reorganizations written by and published by . This book was released on 1992 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
