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chapter 11
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1 headnote for chapter 11
More than 10.000 documents for chapter 11
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Both Chrysler and GM used asset sales under section 363 of the Bankruptcy Code as a way to avoid the more cumbersome chapter 11 plan process. The strategic use of section 363 asset sales in reorganization cases is becoming so common that some courts and commentators predict that the asset-sale route to a chapter 11 plan confirmation may soon supplant the traditional chapter 11 plan process. While some have decried section 363 sales as contrary to the voting system and other procedural safeguards inherent in a standard chapter 11 confirmation, this Essay argues that the section 363 asset-sale development is a natural consequence of the Bankruptcy Code being weighed down by a “springing” (or bankruptcy-only) priority of retiree medical benefits. Not only are springing prioriti...
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Weighing bankruptcy is one the most difficult decisions clients can ever make. Aside from the emotion and confusion, client, are under tremendous pressure from creditors and must quickly decide on a course of action where no alternative seems attractive. As their financial and business advisors, CPA -- and the assistance they provide -- are critical during such times. This article addresses what CPAs should know about Chapter 11, and is written for professionals serving small- to mid-sized clients. Chapter 11 is the most complex bankruptcy form, but it is the most logical for businesses or individuals with complicated finances. The CPA can assist his or her troubled client by performing all of the services that were provided prior to the Chapter 11 filing and assisting with the filing b...
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This article demonstrates that, in certain situations, the market would benefit if a failing company were allowed to merge, even if it could be reorganized under Chapter 11. Part I of this article explains Section 7 of the Clayton Act and its failing company defense. Part II delves into the reorganization requirement of the failing company defense: its creation in a sick newspaper industry, its development, and the modern defense. Past III analyzes the natural incongruity of Chapter 11 reorganizations with antitrust law due to Chapter 11's objectives of serving the public interest and protecting companies from failure. Returning to the antitrust goal of efficiencies, Part IV discusses potential efficiencies achieved through a merger. Finally, Part V concludes with a detailed economic an...
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Mark Hoogland's note examines the recent Avianca and Yukos bankruptcy cases. Both cases involved international companies with extensive non-U.S. commercial operations that nevertheless sought bankruptcy protection exclusively within the United States. Together, Avianca and Yukos offer a glimpse into the evolution of international bankruptcy law, as practiced by U.S. courts. International companies have motivations for filing in the United States, and prudence may be the only constraint on the international jurisdiction of U.S. bankruptcy judges. The recent addition of Chapter 15 to Title 11 may alleviate some of the problems considered, but the jurisprudential questions linger.
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A controversy is brewing, both in the courts and among legal commentators, regarding the proper rate of interest payable to holders of general unsecured claims in so-called "solvent debtor" cases -- chapter 11 cases in which the debtor emerges as a solvent entity. Interest rates for moneys advanced in commercial lending transactions, whether under a bond indenture or a bank credit facility, have been considerably higher in recent years than the federal judgment rate, which courts traditionally have applied to calculate postpetition interest owed on account of unsecured claims. In chapter 11 bankruptcy proceedings, holders of general unsecured claims typically are not entitled to payment of interest that accrues in respect of such claims on and after the date of the debtor's bankruptcy f...
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RUMFORD -- Local officials are expressing concern about the NewPage paper company's announcement this week that it may be forced to file for Chapter 11 protection if it can't refinance its debt or generate sufficient cash flow. The company is North America's largest manufacturer of coated paper and employs about 750 people at its Rumford mill, and pays 46 percent of the property taxes in town.
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A Carlstadt-based distributor of consumer electronics to such retail giants as Wal-Mart, Best Buy and Amazon.com has filed for Chapter 11 bankruptcy, blaming liquidity, excess inventory and other problems. ArchBrook Laguna Holdings LLC and six subsidiaries filed for reorganization bankruptcy in the U.S. Bankruptcy Court in Manhattan on Friday, claiming assets of $246 million and liabilities of $176 million.
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By Cara Baruzzi Register Business Editor cbaruzzi@nhregister.com The parent company of retailer Harry & David, which operates a store in Clinton, filed for Chapter 11 bankruptcy Monday, but officials say the company will operate as usual as it reorganizes.
