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Chapter 11 Plans
The Legal Requirements to Cram Down a Plan on Creditors By filing a Chapter 11 petition, the debtor seizes the initiative in proposing a reorganization plan, which is to provide how soon, in what amount, and in what manner creditors’ claims are paid.[i] But a debtor does not necessarily get its way. A class of creditors who are not getting paid in full may reject the plan, which will prevent confirmation on a consensual basis, but the debtor may, by fulfilling additional requirements, ‘cram down’ the plan on those creditors […]
Navigating an Extreme Environment as Chief Restructuring Officer The position of Chief Restructuring Officer (CRO) is not well defined or understood. This role does not have as much history as the more traditional positions such as CFO, CEO, or President. In turn, this leaves room for much misunderstanding. The position of CRO may be thought of as one that works through bankruptcy, rationalizes a workforce, repositions marketing, or deals with re-financing or disposition of assets. It may indeed include all of these and much more. It may be used to lead an […]
The Chapter 11 debtor is subject to reporting obligations which provide parties with financial and business information about the debtor.
When a seller of real property files for bankruptcy the purchaser has rights under the bankruptcy code and as an executory contract.
Subchapter V works. It saves businesses. It helps the people that own those businesses. And it is cheap and fast, at least compared to “traditional” chapter 11.
A property appraisal is useful in situations like buy/sell transactions, auctions, and liquidation sales. Learn the ins and outs, from process to pricing.
Investors may seek to purchase bankruptcy claims against a debtor as part of an investment strategy. What do they need to know before they invest?
Chapter 15 of the Bankruptcy Code deals with foreign debtors with assets in the United States. It allows for disposition of the property.
A debtor does not have to be insolvent to file for chapter 11 bankruptcy. Can its creditors pursue dismissal of a chapter 11 case?
The absolute priority rule dictates which unsecured creditors receive priority for their claims. But is it always absolute?