A prepack is a chapter 11 plan that a debtor prepares in cooperation with its creditors and which enough creditors and equity holders approve of, prior to the Petition Date, such that the parties know that the voting requirements of Bankruptcy Code §1126 will be satisfied. Such a chapter 11 plan is commonly filed together […]
In a Delaware assignment for the benefit of creditors case, court approval is not required for a sale, but, time, money, and preference can factor.
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In the last two installments of this series, we introduced you to things a company should consider before deciding whether to file chapter 11, and a timeline for understanding how a “typical” chapter 11 case proceeds. In this quick little ditty, we want to make sure […]
About the National Directory of Experienced Assignees Who Serve as Such in Assignments for The Benefit of Creditors: The goal of the Assignee Directory (the “Directory”) is to provide comprehensive information about individuals who have served as assignees in the context of an assignment for the benefit of creditors (“ABC”). The only requirement for inclusion […]
The ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency [Authors’ Note: Before going any further, read Installment 4: Chapter 11—If You’ve Seen One, You’ve Seen Them All. While you can generally read any installment in this series in any order or even by itself, this one is an exception…] And now, we present to you, […]
A Series on the ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency Greetings, Dear Reader: It seems you’re interested in learning how to deal with corporate distress, and we’re glad you’re here. But let’s first make sure you got on the right plane. Maybe you… Are a C-suite executive of a business that’s considering buying […]
A written tour of business bankruptcy and its alternatives. This is the latest in the series, Dealing with Distress for Fun & Profit, which you can read from the beginning if you like. Our last two installments focused on the basics of confirming a plan, followed by specific plan confirmation issues to address with individual […]
A written tour of business bankruptcy and its alternatives. This is the latest in the series, Dealing with Distress for Fun & Profit, which you can read from the beginning if you like. In this bat-installment, we turn to what is, theoretically, one of the most important parts of any chapter 11 case: confirming a […]