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.
Bibliography, etc. Note
Includes bibliographical references (pages 197-201) and index.
Available in Other Form
Online version: Warren, Elizabeth. Chapter 11. New York, NY : Aspen Publishers, c2008
KF1544 .W37 2008
9780735576544 paperback alkaline paper 0735576548 paperback alkaline paper