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Prepack/Prepackaged Chapter 11

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 with the chapter 11 petition on the Petition Date. A successful pre-pack can be much shorter in duration than other chapter 11 cases (the shortest case in history, led by Kirkland & Ellis partner, Jon Henes, was over in less than 20 hours). A prepack addresses problems with debtor’s balance sheet but does not directly address operational weaknesses. Read “Balance Sheet Restructuring & Operational Restructuring” for a short explanation for more information.

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