Chapter 11 has largely become the sale chapter of the Bankruptcy Code. If the case is not a quick sale case, then it probably is a debt-for-equity swap. A traditional chapter 11 reorganization is expensive and, because of its relatively low success rate, is viewed by many lenders as not worth it.
One element of the bankruptcy process that is frequently confusing to new bankruptcy practitioners and nonbankruptcy lawyers is the U.S. Trustee Program. Although it is not infrequently assumed that the U.S. Trustee Program is part of the judicial branch, the U.S. Trustee is a component of the Department of Justice.
Once a debtor files a chapter 11 bankruptcy proceeding, it must confirm a plan of reorganization or liquidate its assets under a liquidating chapter 11 or chapter 7 case. Confirmation requires compliance with all the provisions of chapter 11, including the absolute priority rule. What happens when a chapter 11 debtor is unable to effectuate the substantial consummation of a plan?
This has been another productive year for the ABI Young and New Members Committee. At the Annual Spring Meeting, we were thrilled to pair with the Bankruptcy Taxation and Business Reorganization Committees to present a session entitled, “Tax-Sharing Agreements in Ban
The central goal of a bankruptcy trustee is often to pay claims and creditors, a process that includes liquidating assets to convert valued items and properties to cash. Within this principle there has always been a concern that the assets being sold are
Business school candidates are often required to demonstrate a work history as a part of their admission process. According to some schools, a work history demonstrates potential career success.
By definition, a receiver is appointed by a court to take control of and manage a distressed asset, and is often given full authority to decide how best to operate the property until bankruptcy proceedings are complete. The main goal is to recoup as much of the value owed as possible by
A company’s decision to file for chapter 11 bankruptcy protection will inevitably cause disruption to the debtor’s operations, communications and daily routine, especially at the start of the bankruptcy case.
The Judicial Conference Advisory Committee on Bankruptcy Rules recently unanimously agreed to proposed amendments to Bankruptcy Rule 3002-1, which requires a secured creditor of residential property to notify debtors of changes to post-petition payments that may become due over the course of a chapter 13 bankruptcy.
Atlantic City, N.J.’s pride has become its downfall. In the past few years, many of the city’s casinos have closed down or entered bankruptcy. Consequently, the city itself, which is heavily dependent on casino revenue, has taken a severe financial hit.
Atlantic City’s decline is due in part to the legalization of gambling and casino operations in neighboring states. Since the town’s chief draw for many years has been gambling, there is now less of a reason to visit Atlantic City if other cities with more diverse attractions (like Philadelphia and Baltimore) also offer luxurious casinos and good gambling opportunities.
Riker, Danzig, Scherer, Hyland & Perretti LLP
Nelson Mullins Riley & Scarborough, LLP
Membership Relations Director
Siri & Glimstad LLP
Membership Relations Director
Maynard, Cooper & Gale, P.C.
U.S. Bankruptcy Court, Northern District of Georgia
Special Projects Leader
Sugar Felsenthal Grais & Helsinger LLP