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chapter 11 bankruptcy law
1 headnote for chapter 11 bankruptcy law
More than 10.000 documents for chapter 11 bankruptcy law
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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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Yellow pages publisher R.H. Donnelley Corp., which has been struggling to service its debt as the recession slashes its revenue, said Friday it voluntarily filed to reorganize under Chapter 11 bankruptcy law. As of Dec.31, the Cary, N.C.-based company had $11.88 billion in assets and $12.37 billion in liabilities, spokesman Tom Becker said. A government lawyer says the former head of Kmart Corp. used "lies, deceptions and half-truths" to keep investors in the dark about a cash crisis in the months before a 2002 bankruptcy. A jury in federal court in Ann Arbor, Mich., heard closing arguments Friday in the civil fraud case against Charles Conaway. The Securities and Exchange Commission is not accusing Conaway of cooking Kmart's books or fleecing the company for personal gain. The allegati...
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... November 29, 2011-Decided May 14, 2012 Chapter 12 of the Bankruptcy Code allows farmer debtors wi... 11 U. S. C.§1222(a)(2). Under §1222(a)(2)(A), howev...
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Baltimore-based Whiteford, Taylor & Preston has taken over as counsel to the unsecured creditors committee in the Chapter 11 bankruptcy case of the former Washington, D.C., law firm Howrey LLC. Whiteford's F. Bradford Englander replaced Thomas Willoughby of Felderstein Fitzgerald Willoughby & Pascuzzi LLP in Sacramento. No reason was given for Willoughby's withdrawal from the case in court documents.
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Euler Hermes ACI analysts believe that changes to Chapter 11 bankruptcy law starting in October could prompt a surge in corporate insolvencies by troubled companies in search of easier treatment. Beginning Oct 17, 2005, new creditor protections stemming from the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 will take effect. As a result of these changes it will be more difficult and more expensive for companies seeking protection under Chapter 11 to emerge, which could lead to companies rushing to the courthouse to file for bankruptcy before the new laws are enacted.
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This article analyzes the application of antitrust laws to collective actions by aircraft lessors in bankruptcy proceedings. It argues that the actions of the Public Debt Group in United Airlines v. US Bank were anticompetitive and therefore illegal under the Sherman Act of 1890. Part I introduces and discusses the relevant sections of the Bankruptcy Code. It then shows that collective action by aircraft lessors is different from other collective actions in bankruptcy and that prohibiting such action would further the purposes of the Bankruptcy Code and Chapter 11 generally. Part II presents antitrust law, showing that any collective attempt to raise the prices of aircraft leases is collusive and illegal. Part III then discusses the interaction between bankruptcy and antitrust, includin...
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Eleven clients of the former Harrington Schweers Dattilo & McClelland law firm have petitioned the U.S. bankruptcy court to force the Downtown law firm into Chapter 11 bankruptcy. The boutique firm, which concentrated in personal-injury cases, was placed in receivership in September and ceased doing business. A group of clients, including the 11 petitioners, brought malpractice lawsuits in recent months against name partner William Schweers Jr., according to court records. He left the firm in August and stopped practicing law due to a disability, state court records say. The petitioning clients could recover more if the firm's assets were divided via federal bankruptcy court than through state- administered receivership. Attorneys for most of those clients declined comment yesterday. Th...
