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 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 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 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 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 Chapter 11 Reorganizations written by LandMark Publications and published by . This book was released on 2017-01-24 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 Courting Failure written by Lynn LoPucki and published by University of Michigan Press. This book was released on 2006-02-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
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 Business Reorganizations written by and published by . This book was released on 2005 with total page 692 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.
