Course Description
If you are relatively new to chapter 11 business reorganization or would like to start handling chapter 11 reorganizations, this course is for you. In about 90 minutes, basic issues in bankruptcy – with a focus on chapter 11 – will be discussed. You will learn what questions to ask. You will learn the basic rhyme and reason of a chapter 11 case, where disasters strike and how to get the case across the finish line.
The presentation presumes that you have some knowledge of bankruptcy law, e.g. familiarity with the automatic stay.
Principles
- The bankruptcy chapters
- The different types of chapter 11 cases
- Filing the petition
- First Day Motions-the narrative, working to invest the judge into the case
- Other Early Case Motions
- The 3 thirds of a chapter 11 reorganization. The life of a chapter 11 case
- The automatic stay and chapter 11 – stay relief for litigation in other courts
- Seeking injunctive relief in chapter 11 – the four part test
- The confirmation process
- With a plan confirmed, now the hard work begins … for the Debtor
- Getting the attorney paid – fee applications, record keeping, etc.
Syllabus
- The bankruptcy chapters
- The different types of chapter 11 cases
- Filing the petition
- First Day Motions-the narrative, working to invest the judge into the case
- Other Early Case Motions
- Including motions to assume executory contracts and unexpired leases
- Critical vendor motions, motions to limit notice, etc.
- The 3 thirds of a chapter 11 reorganization. The life of a chapter 11 case
- The first third – Will the judge invest time, energy and hope into your case
- The second third – the quiet before the storm and building up to the last 1/3
- The third third – confirmation and performing under a plan
- The automatic stay and chapter 11 – stay relief for litigation in other courts
- Seeking injunctive relief in chapter 11 – the four part test
- The confirmation process
- The Disclosure Statement
- The Plan
- Modifying the Plan
- Confirming a Plan consensually or non-consensually
- Some Sub-Chapter V twists
- With a plan confirmed, now the hard work begins … for the Debtor
- Getting the attorney paid – fee applications, record keeping, etc.