Chapter 11 for Individuals and Small Businesses. A Primer on Small Chapter 11 Cases
|
|
- Myra Richardson
- 6 years ago
- Views:
Transcription
1 Chapter 11 for Individuals and Small Businesses A Primer on Small Chapter 11 Cases
2 Chapter 13 v. Chapter 11 Debt limitations and eligibility under 11 U.S.C. 109(e) Individuals and Companies Semi-superdischarge vs. superdischarge 727 Objections to Discharge Cost (Filing fees, UST fees, Ch. 13 fees) Plan term limits Voting
3 Obligations of a Chapter 11 Debtor Open and maintain a DIP account at an approved financial institution while the Chapter 11 case is pending Attend a Debtor interview File monthly operating reports Maintain insurance on estate property Quarterly payments to the United States Trustee Payment of post-petition obligations as they come due, e.g. payroll taxes, property taxes, wages, etc. Preservation of estate assets
4 First Day Motions Cash Collateral Pre-petition Wages Utilities Employment of Debtor s Counsel and accountant
5 Exclusivity Only the Debtor may file a Plan during the first 120 days after the entry of an Order for Relief Extension for Cause up to 18 months Ability of parties in interest to file and propose a Plan of Reorganization
6 Disclosure Statement What is it? Why do you need it? Contents and adequate information History of the Debtor Reasons for the bankruptcy filing Claim treatment and classification Liquidation Analysis Management of the Reorganized Debtor Financial Projections Tax Consequences
7 Voting and Solicitation When can a Debtor solicit votes? Impaired vs. unimpaired claims How many votes are required to carry a class? 2/3 in dollar amount AND A majority in number of claims or interests of that class which actually cast ballots for acceptance or rejection of the Plan
8 The Plan and Confirmation Requirements under 1129(a) The Plan complies with the applicable provisions of the Bankruptcy Code The Debtor has complied with the applicable provisions of the Bankruptcy Code The Plan has been proposed in good faith Disclosure of promises or payments for services or expenses in connection with the bankruptcy case issued by the Debtor, person issuing securities or acquiring property under the Plan Disclosure of identity and affiliations of any individual proposing to serve as an officer, director or voting trustee of the reorganized Debtor Disclosure of the identity of any insiders that will be employed or retained by the reorganized Debtor and the anticipated compensation
9 Confirmation under 1129(a) cont d Compliance and approval of any governmental regulatory commissions Best interest of creditors With respect to each class of claims or interests Such class has accepted the Plan; or Such class is not impaired under the Plan Treatment and acceptance of priority claims under section 507 Voting and acceptance by at least one class of impaired creditors without counting the votes of insider Feasibility and the likelihood that the Debtor will not need as subsequent reorganization Payment of fees to the U.S. Trustee
10 Confirmation under 1129(a) cont d Continued payment of retiree benefits Individual Debtor must be current on postpetition domestic support obligations Dedication of individual Debtor s disposable income for 5 years All transfers of property must be made in accordance with applicable nonbankruptcy law
11 Cramdown and 1129(b) What happens when all the requirements of section 1129(a) have been met except that one (or more classes is impaired and has voted to reject)? The Plan may still be confirmed without the consent of each class? Does the Plan discriminate unfairly? Is the Plan fair and equitable?
12 Absolute Priority Rule Requires that if the holders of claims or interests in a particular class receive less than full value for their claims or interests, no holders of claims or equity interest in a junior class may receive property under the Plan on account of their junior interest. See 203 North LaSalle St. P ship., 526 U.S. at , 119 S.Ct. 1411
13 The Small Business Debtor and the Single Asset Real Estate Case Designation Small Business Debtor additional filing requirements Small Business Debtor Benefits Exclusivity Provisional approval of disclosure statement Small Business Debtor Pitfalls Deadlines for confirmation Single Asset Real Estate Requirements
14 Post Confirmation and Case Closing Fee Applications of Professionals Claims Objections Quarterly Operating Reports Application for Final Decree v. Application to Close Case without a Discharge
DUTIES AND OBLIGATIONS OF SMALL BUSINESS REORGANIZING UNDER CHAPTER 11 OF THE BANKRUPTCY CODE
DUTIES AND OBLIGATIONS OF SMALL BUSINESS REORGANIZING UNDER CHAPTER 11 OF THE BANKRUPTCY CODE In a Chapter 11 case, the party filing the case is referred as a debtor. Upon filing, the debtor automatically
More informationCase PJW Doc 762 Filed 07/29/13 Page 1 of 20 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 13-10061-PJW Doc 762 Filed 07/29/13 Page 1 of 20 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------x In re : Chapter 11 : Penson
More informationUNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF LOUISIANA
UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF LOUISIANA * * * * * * * * * * * * * * * * * * * IN RE: * * * ENTERGY NEW ORLEANS, INC. * Debtor * * * * * * * * * * * * * * * * * * * * * Case
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Last revised 9/1/10 In Re: Case No.: Judge: Chapter: 13 Debtor(s) Chapter 13 Plan and Motions Original Modified/Notice Required Discharge Sought Motions
More informationCase Doc 117 Filed 06/07/16 Entered 06/07/16 16:16:35 Desc Main Document Page 1 of 13
Case 15-11833 Doc 117 Filed 06/07/16 Entered 06/07/16 16:16:35 Desc Main Document Page 1 of 13 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION IN RE U.S. EDGE, INC. Chapter 11
More informationOfficial Form 113 Chapter 13 Plan 12/15
Draft - 05/13/2013 United States Bankruptcy Court for the District of Debtor(s): Case No.: Date: Check if this is an amended plan Official Form 113 Chapter 13 Plan 12/15 Part 1: Notice to Interested Parties
More informationOfficial Form 113 Chapter 13 Plan 12/17
Fill in this information to identify your case: Debtor 1 Debtor 2 First Name Middle Name Last Name (Spouse, if filing) First Name Middle Name Last Name Check if this is an amended plan, and list below
More informationUNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF KENTUCKY DIVISION IN RE: CASE NO. Original Amended Date:
UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF KENTUCKY DIVISION IN RE: CASE NO. DEBTOR(S) CHAPTER 13 PLAN AND MOTIONS Original Amended Date: NOTICE TO CREDITORS: This Plan may modify your
More informationChapter 4. 1:05 2:05pm. The Chapter 13 Plan and Saving Your Client s Home. William F. Malaier Jr. Nagler & Malaier, P.S.
Chapter 4 1:05 2:05pm The Chapter 13 Plan and Saving Your Client s Home William F. Malaier Jr. Nagler & Malaier, P.S. PowerPoint distributed at the program and also available for download in electronic
More informationQ&A on Municipalities and Chapter 9 Bankruptcy
Q&A on Municipalities and Chapter 9 Bankruptcy Introduction There has been much concern of late regarding the performance of municipal bonds and pending defaults. Some in the industry have gone as far
More informationUNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. // Filed: CHAPTER 13 PLAN
In Re: Debtor(s). UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case #: Chapter 13 Hon. // Filed: CHAPTER 13 PLAN ( )Original or ( )Amendment No.: ( )Pre-Confirmation
More informationCase Document 213 Filed in TXSB on 05/02/17 Page 1 of 22
Case 17-31575 Document 213 Filed in TXSB on 05/02/17 Page 1 of 22 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ) In re: ) Chapter 11 ) GOODMAN NETWORKS INCORPORATED,
More informationCase BLS Doc 201 Filed 01/12/18 Page 1 of 113 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE. x : : : : : x.
Case 17-12377-BLS Doc 201 Filed 01/12/18 Page 1 of 113 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ----------------------------------------------------- In re: ExGen Texas Power,
More informationCase Document 732 Filed in TXSB on 04/02/18 Page 1 of 14
Case 17-36709 Document 732 Filed in TXSB on 04/02/18 Page 1 of 14 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ) In re: ) Chapter 11 ) COBALT INTERNATIONAL
More informationCase reb Doc 536 Filed 03/19/09 Entered 03/19/09 23:25:29 Desc Main Document Page 1 of 31
Document Page 1 of 31 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION IN RE: CORNERSTONE MINISTRIES INVESTMENTS, INC., Debtor. ) ) ) ) ) ) CASE NO. 08-20355-reb Chapter
More informationUNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN. In Re: Case #: Chapter 13. // Filed: CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In Re: Debtor(s). Case #: Chapter 13 Hon. // Filed: CHAPTER 13 PLAN ( )Original or ( )Amendment No.: ( )Pre-Confirmation ( )Post- Confirmation
More informationLOCAL BANKRUPTCY FORM IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LOCAL BANKRUPTCY FORM 3015-1 Rev. 03/12/09 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 : CASE NO. - -bk- : : CHAPTER 13 PLAN : : (Indicate if applicable)
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA FOURTH AMENDED ADMINISTRATIVE ORDER
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA www.flmb.uscourts.gov In re ADMINISTRATIVE ORDER PRESCRIBING PROCEDURES FOR CHAPTER 13 CASES / Administrative Order FLMB-2017-3 FOURTH AMENDED
More informationEXHIBIT 7 1 Flow Chart for Chapter 12
EXHIBIT 7 1 Flow Chart for Chapter 12 The Filing of the Chapter 12 Petition The debtor files with the bankruptcy court clerk s office: 1. Filing fee and administrative fee 2. Voluntary petition (Official
More informationCase 8:10-bk TA Doc 662 Filed 12/22/11 Entered 12/22/11 16:11:05 Desc Main Document Page 1 of 60
Main Document Page of 0 RON BENDER (SBN ) TODD M. ARNOLD (SBN ) JOHN-PATRICK M. FRITZ (SBN 0) LEVENE, NEALE, BENDER, YOO & BRILL L.L.P. 00 Constellation Boulevard, Suite 00 Los Angeles, California 00 Telephone:
More informationCase KJC Doc 650 Filed 12/11/17 Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : :
Case 17-10793-KJC Doc 650 Filed 12/11/17 Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE --------------------------------------------------------------- x : In re: : : RUPARI
More informationCase PJW Doc 2133 Filed 01/27/14 Page 1 of 34 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 11-13603-PJW Doc 2133 Filed 01/27/14 Page 1 of 34 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) BLITZ U.S.A., Inc., et al., 1 ) Case No. 11-13603 (PJW)
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION. Debtor(s) Chapter 13 Proceeding
IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION IN RE: CASE NO. Debtor(s) Chapter 13 Proceeding DEBTOR(S) CHAPTER 13 G AMENDED PLAN AND MOTIONS FOR VALUATION AND
More informationHow To Negotiate A Ch. 11 Plan Support Agreement
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com How To Negotiate A Ch. 11 Plan Support Agreement Law360,
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY IMPORTANT NOTICE TO THE BAR AND PUBLIC CONCERNING REVISION AND IMPLEMENTATION OF LOCAL FORMS, CHAPTER 13 PLAN AND MOTIONS AND NOTICE OF CHAPTER 13
More informationUNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON
UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON In re: Case No. CHAPTER 13 PLAN Original Amended Debtor(s). Date: I. Introduction: A. Debtor is eligible for a discharge under 11 USC 1328(f)
More informationCase LSS Doc 453 Filed 08/17/18 Page 1 of 22. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11
Case 18-10160-LSS Doc 453 Filed 08/17/18 Page 1 of 22 In re IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 SCOTTISH HOLDINGS, INC., et al., Debtors. 1 Case No. 18-10160 (LSS)
More informationFIELD & PLAYING CREATING A LEVEL WORKSHOP CORPORATE ARGENTINA RESTRUCTURING PREPACKAGED PLANS. Gordon W Johnson. The World Bank
ARGENTINA CORPORATE RESTRUCTURING WORKSHOP CREATING A LEVEL PLAYING FIELD & PREPACKAGED PLANS Buenos Aires, Argentina 2 May 2002 Gordon W Johnson The World Bank TOPICS COVERED Context for Insolvency and
More informationAdvanced Chapter 11 Practice: Strategies for Minimizing Losses and Maximizing Recoveries in a Customer Bankruptcy
Advanced Chapter 11 Practice: Strategies for Minimizing Losses and Maximizing Recoveries in a Customer Bankruptcy Thomas R. Fawkes and Brian J. Jackiw Goldstein & McClintock LLLP Agenda Chapter 11 Overview
More informationCase BLS Doc 26 Filed 11/07/17 Page 1 of 108
Case 17-12377-BLS Doc 26 Filed 11/07/17 Page 1 of 108 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ----------------------------------------------------------------- In re: ExGen Texas
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA CHAPTER 13 PLAN
NVB#113 (rev. 12/17) UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In re: BK - Debtor 1 - Chapter 13 Plan # Debtor 2 - Debtor. Confirmation Hearing Date: Confirmation Hearing Time: CHAPTER 13 PLAN
More informationOfficial Committee of Unsecured Creditors Committee Information Sheet
Official Committee of Unsecured Creditors Committee Information Sheet Purpose of Unsecured Creditors' Committees. To increase participation in the chapter 11 proceeding, section 1102 of the Bankruptcy
More informationscc Doc 731 Filed 07/31/18 Entered 07/31/18 14:35:02 Main Document Pg 1 of 15
Pg 1 of 15 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x : In re: : Chapter 11 : TOISA LIMITED, et al., : Case No. 17-10184
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA DIVISION CHAPTER 13 PLAN. Extension ( ) Composition ( )
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA DIVISION IN RE ) Case no: ) ) Chapter 13 ) Debtor ) CHAPTER 13 PLAN Extension ( ) Composition ( ) You should read this Plan carefully and discuss
More informationrdd Doc 301 Filed 04/12/19 Entered 04/12/19 16:04:32 Main Document Pg 1 of 7
Pg 1 of 7 MORRISON & FOERSTER LLP 250 West 55th Street New York, New York 10019 Telephone: (212 468-8000 Facsimile: (212 468-7900 Lorenzo Marinuzzi Todd M. Goren Jennifer L. Marines Erica J. Richards Proposed
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY IMPORTANT NOTICE TO THE BAR AND PUBLIC
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY IMPORTANT NOTICE TO THE BAR AND PUBLIC THIRTY-DAY COMMENT PERIOD CONCERNING PROPOSED MODIFICATION OF D.N.J. LBR 2016-5. REQUESTS AND APPLICATIONS FOR
More informationRule Chapter 13 Payments. Commencement of Payments.
Rule 3070-1. Chapter 13 Payments. (A) Commencement of Payments. (1) Deadline to Commence. Payments to the chapter 13 trustee pursuant to the proposed plan, as may be amended, shall commence not later than
More informationThe Pervasive Problem Of Numerosity
Portfolio Media, Inc. 860 Broadway, 6 th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@portfoliomedia.com The Pervasive Problem Of Numerosity Law360,
More informationCase Document 824 Filed in TXSB on 12/21/18 Page 1 of 39
Case 18-30197 Document 824 Filed in TXSB on 12/21/18 Page 1 of 39 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: LOCKWOOD HOLDINGS, INC., et al., 1 Debtors.
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA. Case No.
Mont. LBF 19. CHAPTER 13 PLAN. [Mont. LBR 9009-1(b)] Name of Attorney Office Mailing Address Telephone Number Facsimile Number E-Mail Address State Bar I.D. Number (Attorney for Debtor(s)) IN THE UNITED
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA CASE NO CHAPTER 11
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: VIRGIN OFFSHORE USA, INC., DEBTOR CASE NO. 11-13028 CHAPTER 11 CHIEF JUDGE ELIZABETH W. MAGNER DISCLOSURE STATEMENT IN SUPPORT OF CHAPTER
More informationPrepack Bankruptcy Strategies and Problems
Prepack Bankruptcy Strategies and Problems CONCURRENT SESSION Hon. James M. Carr, Moderator U.S. Bankruptcy Court (S.D. Ind.); Indianapolis Mark A. Berkoff Neal, Gerber & Eisenberg, LLP; Chicago Stephen
More informationBankruptcy Basics. Second Edition. Produced by the Center for Professional Development Credit Union National Association Madison, Wis. Stock No.
Bankruptcy Basics Second Edition Produced by the Center for Professional Development Credit Union National Association Madison, Wis. Stock No. 26895 Written by Alan Stabler Second edition by Samuel T.
More informationIf this is an Amended or Modified Plan, the reasons for filing this Amended or Modified Plan are: [state reasons].
[Attorney name, bar # Attorney address Attorney city, state zip Attorney phone number Attorney fax number Attorney email] UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA In re [Debtor name(s)], Case
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Chapter 13 Trustee Procedures for
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 13 Trustee Procedures for Administration of Home Mortgage Payments Chapter 13 Trustee Procedures
More informationmew Doc 2957 Filed 03/23/18 Entered 03/23/18 17:03:26 Main Document Pg 1 of 38
Pg 1 of 38 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------x In re : : Chapter 11 WESTINGHOUSE ELECTRIC : COMPANY LLC, et al., : Case
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION-FLINT. IN RE: CHAPTER 13 CASE NO: JUDGE DANIEL S. OPPERMAN Debtor(s) /
MOTION TO INCUR POST PETITION DEBT NOW COMES, herein, through his/her/their attorney(s),, for the purpose seeking Court permission to allow to incur post-petition debt as follows: 1. That the within Chapter
More informationAppointment of Manufacturers and Traders Trust Company as Successor Trustee
NOTICE OF (I) APPROVAL OF DISCLOSURE STATEMENT FOR CHAPTER 11 PLAN, (II) DEADLINE TO CAST BALLOTS WITH RESPECT TO CHAPTER 11 PLAN, (III) DEADLINE TO OBJECT TO CONFIRMATION OF CHAPTER 11 PLAN, AND (IV)
More informationmew Doc 1 Filed 05/03/18 Entered 05/03/18 05:46:21 Main Document Pg 1 of 10
Pg 1 of 10 Fill in this information to identify your case: United States Bankruptcy Court for the: SOUTHERN DISTRICT OF NEW YORK Case number (if known) Chapter 11 Check if this an amended filing Official
More informationModernized Bankruptcy Forms Conversion Charts
Modernized Bankruptcy Forms Conversion Charts December, 2015 The Forms Modernization Project from the Judicial Conference began in 2008 with the stated purpose of making bankruptcy forms easier to understand.
More informationCase SLM Doc 92 Filed 06/01/17 Entered 06/01/17 11:34:36 Desc Main Document Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
Document Page 1 of 6 LOWENSTEIN SANDLER LLP Kenneth A. Rosen, Esq. Jeffrey D. Prol, Esq. Nicole Fulfree, Esq. Michael Papandrea, Esq. 65 Livingston Avenue Roseland, New Jersey 07068 (973) 597-2500 (Telephone)
More informationUNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
Main Document Page 1 of 29 UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) In re: ) Chapter 11 ) MISSION COAL COMPANY, LLC, et al., 1 ) Case No. 18-04177-TOM11 )
More informationFantastic Form Plans, Related Amendments, and Where To Find Them
Fantastic Form Plans, Related Amendments, and Where To Find Them National Chapter 13 Form Plan (Official Form 113) and Related Amendments to Federal Rules of Bankruptcy Procedure Effective December 1,
More informationConfirming the Plan: The Absolute Priority Rule Problem. Anne Lawton*
Confirming the Plan: The Absolute Priority Rule Problem By Anne Lawton* On December 8, 2014, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 ( Commission ) released its Final
More informationTHE EFFECT OF THE 2005 BANKRUPTCY CODE AMENDMENTS ON PERSONAL PROPERTY SECURED TRANSACTIONS IN BUSINESS CASES
THE EFFECT OF THE 2005 BANKRUPTCY CODE AMENDMENTS ON PERSONAL PROPERTY SECURED TRANSACTIONS IN BUSINESS CASES Gabriel R. Safar and Edwin E. Smith Bingham McCutchen LLP November 8, 2005 The Bankruptcy Abuse
More informationCase KG Doc 3962 Filed 11/12/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 15-11874-KG Doc 3962 Filed 11/12/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 HH Liquidation, LLC, et al., 1 Case No. 15-11874 (KG Debtors. (Jointly
More informationCase Doc 13 Filed 03/05/14 Page 1 of 182 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 14-10475 Doc 13 Filed 03/05/14 Page 1 of 182 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------------------- x In re: : : USEC
More information(a) Plan Requirements. In addition to the requirements of Bankruptcy Code 1322(a), a plan shall be in the form of Local Plan Form 13-2 and shall have:
RULE 2084-4. PLAN (a) Plan Requirements. In addition to the requirements of Bankruptcy Code 1322(a), a plan shall be in the form of Local Plan Form 13-2 and shall have: (1) The debtor's estimate of the
More informationmew Doc 648 Filed 06/02/17 Entered 06/02/17 14:40:50 Main Document Pg 1 of 8
Pg 1 of 8 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------x In re : : Chapter 11 WESTINGHOUSE ELECTRIC : COMPANY LLC, et al., : Case
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND FOURTH AMENDED LOSS MITIGATION PROGRAM AND PROCEDURES I. PURPOSE
APPENDIX IX (Rev. 2/14/11) UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND FOURTH AMENDED LOSS MITIGATION PROGRAM AND PROCEDURES I. PURPOSE The Loss Mitigation Program (LMP) is designed to function
More informationBankruptcy Abuse Prevention and Consumer Protection Act of 2005 and Bankruptcy Selected Topics
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and Bankruptcy Selected Topics Presented by David A. Garland Edgar W. Duskin, Jr. BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 13-13087-KG Doc 110 Filed 12/09/13 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 11 FISKER AUTOMOTIVE HOLDINGS, INC., et al.,' ) ) Case No. 13-13087
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re: Kingsbury Corporation Donson Group, Ltd. Ventura Industries, LLC Debtors. Bk. No. 11-13671-JMD Bk. No. 11-13700-JMD Bk. No. 11-13687-JMD
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. [AMENDED (if applicable)] CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION IN RE: Debtor(s). CASE NO.: [AMENDED (if applicable)] CHAPTER 13 PLAN A. NOTICES. Debtor 1 must check one box on each line to state whether
More informationSummary of Bankruptcy Reform Conference Report
Summary of Bankruptcy Reform Conference Report On the evening of Thursday, July 25, 2002, Senate and House conferees reached consensus on the final issue in disagreement between their respective versions
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re ) Chapter 11 ) WCI COMMUNITIES, INC., et al., 1 ) Case No. 08-11643 (KJC) ) ) Jointly Administered Debtors. ) ) SECOND AMENDED
More informationU.S. Bankruptcy Court District of Delaware (Delaware) Bankruptcy Petition #: CSS Date filed: 09/16/2015
Page 1 of 8 VerifDue Assigned to: Christopher S. Sontchi Chapter 11 Voluntary Asset U.S. Bankruptcy Court District of Delaware (Delaware) Bankruptcy Petition #: 15-11934-CSS Date filed: 09/16/2015 Debtor
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION DISCLOSURE STATEMENT FOR JOINT PLAN OF REORGANIZATION OF COCHON PROPERTIES, LLC AND MORRISON WELL SERVICES,
More informationChapter 11 and CCAA. » A Cross-Border Comparison
Chapter 11 and CCAA» A Cross-Border Comparison TORONTO CALGARY VANCOUVER MONTRÉAL OTTAWA NEW YORK LONDON RIYADH/AL-KHOBAR* BAHRAIN BEIJING Blake, Cassels & Graydon LLP *Associated Offices blakes.com Chapter
More informationUNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN RE : BANKRUPTCY NO. 05-13361 : CHAPTER 13 JOHN F.K. ARMSTRONG, DEBTOR : : JOHN F.K. ARMSTRONG, Movant : DOCUMENT NO. 48 vs. :
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA. IN THE MATTER OF: Case No Fountain Powerboat Industries, Inc.
Case 09-07132-8-RDD Doc 273 Filed 01/29/10 Entered 01/29/10 12:55:47 Page 1 of UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA IN THE MATTER OF: Case No. 09-7132-8 Fountain Powerboat
More informationBusiness Bankruptcy: Executive Summary
Business Bankruptcy: Executive Summary Business Information for Clients and Friends of Shumaker, Loop & Kendrick, LLP April 2014 Need to Know Bankruptcy Concepts David H. Conaway, Partner Chair, Shumaker
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA. In re ) ) ) GENERAL ORDER CHAPTER 13 CASES ) No ) ) Paragraph 1.
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re ) ) ) GENERAL ORDER CHAPTER 13 CASES ) No. 01-02 ) ) Paragraph 1. Applicability (a) This order relates to chapter 13 cases filed in or
More informationNORTHERN DISTRICT OF CALIFORNIA GENERAL ORDER 34. converted to chapter 13 on or after December 1, 2017, all chapter 13
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 In re CHAPTER 13 DEBT ADJUSTMENT CASES UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA (a) Mandatory Form Plan. GENERAL
More informationCase CSS Doc 567 Filed 03/29/18 Page 1 of 33 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 17-12906-CSS Doc 567 Filed 03/29/18 Page 1 of 33 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) In re: ) Chapter 11 ) CHARMING CHARLIE HOLDINGS INC., et al., 1 ) Case No. 17-12906
More informationCase 8:10-bk CPM Doc 59 Filed 07/30/10 Page 1 of 18
Case 8:10-bk-14817-CPM Doc 59 Filed 07/30/10 Page 1 of 18 Case 8:10-bk-14817-CPM Doc 59 Filed 07/30/10 Page 2 of 18 ARTICLE I SUMMARY This is the Chapter 11 Plan of Reorganization for the Chapter 11 bankruptcy
More informationTHIS CAUSE came on for final hearing on August 19, 2009, upon the motion, dated July
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: Case No.: 8:09-bk-16766-CPM GPS Industries, Inc., Chapter 11 Debtor. / FINAL ORDER (i) AUTHORIZING THE DEBTORS TO OBTAIN
More informationCase Doc 585 Filed 09/02/15 Page 1 of 35. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division)
Case 13-25370 Doc 585 Filed 09/02/15 Page 1 of 35 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division) In re: CITY HOMES III LLC CITY HOMES, INC. CITY HOMES BRETTON LLC
More information) Case No (SMB) ) ) (Jointly Administered) )
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) AVAYA INC., et al. 1 ) Case No. 17-10089 (SMB) ) Debtors. ) (Jointly Administered) ) NOTICE OF DEADLINES FOR THE FILING
More informationAlternatives to Bankruptcy. Options for Corporate Recovery
Alternatives to Bankruptcy Options for Corporate Recovery Overview Strategic guidelines Analytical framework Causes of business failure Restructuring options The turnaround process DIP financing structures
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. [# AMENDED (if applicable)] CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION Debtor(s) Case No: [# AMENDED (if applicable)] CHAPTER 13 PLAN CHECK ONE: Debtor 1 certifies that the Plan does not deviate from the model
More informationGUIDELINES AND HELPFUL HINTS TO COMPLETING THE NATIONAL FORM PLAN EFFECTIVE 12/01/2017
GUIDELINES AND HELPFUL HINTS TO COMPLETING THE NATIONAL FORM PLAN EFFECTIVE 12/01/2017 HELPFUL HINTS:! Plan form is Mandatory. Use Form Dated 12/01/2017.! This plan does not contain a priority of payment.
More informationCase: LTS Doc#:2545 Filed:02/19/18 Entered:02/19/18 14:33:10 Document Page 1 of 11
Document Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO -------------------------------------------------------------x In re: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO
More informationDoc#: 475 Filed: 03/05/15 Entered: 03/05/15 15:51:03 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA.
14-60074 Doc#: 475 Filed: 03/05/15 Entered: 03/05/15 15:51:03 Page 1 of 18 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In Re: Roman Catholic Bishop of Helena, Montana, a Montana Religious
More informationLoan Enforcement Improving the Odds of Recovery. By Michael A. Campbell Polsinelli Shughart PC
Loan Enforcement Improving the Odds of Recovery By Michael A. Campbell Polsinelli Shughart PC Copyright 2009 Contents 1. Good Underwriting 2. Speed and its Effect on Recoveries 3. Pre-Enforcement Asset
More informationGetting to the Front of the Line What to Do When Your Debtor Declares Bankruptcy
Getting to the Front of the Line What to Do When Your Debtor Declares Bankruptcy August 22, 2013 All animals are equal, but some animals are more equal than others George Orwell, Animal Farm Edward H.
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. AMENDED (if applicable) CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION IN RE: Debtor(s). CASE NO.: AMENDED (if applicable) CHAPTER 13 PLAN CHECK ONE: Debtor 1 certifies that the Plan does not deviate from
More informationToys-Delaware Settlement Agreement Frequently Asked Questions 1
Toys-Delaware Settlement Agreement Frequently Asked Questions 1 1. Question: What will administrative creditors receive under the Settlement Agreement? Answer: Administrative Claim Holders that are eligible
More informationCurrent Trends on What to Do When Your Customer Files Bankruptcy
Current Trends on What to Do When Your Customer Files Bankruptcy Lisa S. Gretchko Howard & Howard Attorneys PLLC Monday, June 13, 2016 3:45-5:00 p.m. Session No. 25036 Agenda 2 1. How and why Chapter 11
More informationProviding Corporate Finance to a Chapter 11 Company: Lending To, Buying From and Providing Exit Financing to Chapter 11 Debtors
Providing Corporate Finance to a Chapter 11 Company: Lending To, Buying From and Providing Exit Financing to Chapter 11 Debtors Berry D. Spears Zack A. Clement R. Andrew Black Johnathan C. Bolton TABLE
More informationCase Doc 433 Filed 01/26/11 Entered 01/26/11 15:11:22 Desc Main Document Page 1 of 4
Document Page 1 of 4 UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS ) In re ) ) Chapter 11 SW BOSTON HOTEL VENTURE, LLC, ) Case No. 10-14535-JNF et al., ) ) (Jointly Administered) Debtors. )
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA. NEW ORLEANS PADDLEWHEELS, INC. : CHAPTER 11 Debtor
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA IN RE: : CASE NO. 06-10413 NEW ORLEANS PADDLEWHEELS, INC. : CHAPTER 11 Debtor AMENDED DISCLOSURE STATEMENT IN SUPPORT OF AMENDED PLAN OF REORGANIZATION
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO, ABILENE, SAN ANGELO AND WICHITA FALLS DIVISIONS
Walter O'Cheskey, Trustee 6308 Iola Avenue, Ste. 100 Lubbock, Texas 79424 (806) 748-1980 Office (806) 748-1956 Fax IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO, ABILENE,
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION In re: ) ) Case No. Debtor(s). ) Hearing Date: ) Hearing Time: ) Hearing Location: CHAPTER 13 PLAN PAYMENTS. Debtor is to pay
More informationMoving A Ch. 11 Plan Through Confirmation
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Moving A Ch. 11 Plan Through Confirmation Law360,
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LAND HOLDINGS, LLC Case No.
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION www.flmb.uscourts.gov In re: Chapter 11 FIDDLER S CREEK, LLC Case No. 8:10-bk-03846-KRM 951 LAND HOLDINGS, LLC Case No. 8:10-bk-03852-KRM
More informationsmb Doc 1107 Filed 09/08/17 Entered 09/08/17 11:06:25 Main Document Pg 1 of 228
Pg 1 of 228 James H.M. Sprayregen, P.C. Jonathan S. Henes, P.C. KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 601 Lexington Avenue New York, New York 10022 Telephone: (212) 446-4800 Facsimile:
More informationBankruptcy 1. WHAT IS A DISCHARGE IN BANKRUPTCY?
Bankruptcy DISCLAIMER: The information contained in this fact sheet is of a general nature and is provided for your assistance. It is not intended as legal advice and is not a substitute for legal counsel.
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN. [ _#_ Amended (if applicable)] Chapter 13 Plan
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN Debtor(s) Case No: [ _#_ Amended (if applicable)] Chapter 13 Plan 1. MONTHLY PLAN PAYMENTS: Including Trustee's
More information