Chapter 11 for Individuals and Small Businesses. A Primer on Small Chapter 11 Cases

Similar documents
DUTIES AND OBLIGATIONS OF SMALL BUSINESS REORGANIZING UNDER CHAPTER 11 OF THE BANKRUPTCY CODE

Case PJW Doc 762 Filed 07/29/13 Page 1 of 20 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF LOUISIANA

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

Case Doc 117 Filed 06/07/16 Entered 06/07/16 16:16:35 Desc Main Document Page 1 of 13

Official Form 113 Chapter 13 Plan 12/15

Official Form 113 Chapter 13 Plan 12/17

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF KENTUCKY DIVISION IN RE: CASE NO. Original Amended Date:

Chapter 4. 1:05 2:05pm. The Chapter 13 Plan and Saving Your Client s Home. William F. Malaier Jr. Nagler & Malaier, P.S.

Q&A on Municipalities and Chapter 9 Bankruptcy

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. // Filed: CHAPTER 13 PLAN

Case Document 213 Filed in TXSB on 05/02/17 Page 1 of 22

Case 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 Document 732 Filed in TXSB on 04/02/18 Page 1 of 14

Case reb Doc 536 Filed 03/19/09 Entered 03/19/09 23:25:29 Desc Main Document Page 1 of 31

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN. In Re: Case #: Chapter 13. // Filed: CHAPTER 13 PLAN

LOCAL BANKRUPTCY FORM IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA FOURTH AMENDED ADMINISTRATIVE ORDER

EXHIBIT 7 1 Flow Chart for Chapter 12

Case 8:10-bk TA Doc 662 Filed 12/22/11 Entered 12/22/11 16:11:05 Desc Main Document Page 1 of 60

Case KJC Doc 650 Filed 12/11/17 Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE : : :

Case PJW Doc 2133 Filed 01/27/14 Page 1 of 34 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION. Debtor(s) Chapter 13 Proceeding

How To Negotiate A Ch. 11 Plan Support Agreement

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF WASHINGTON

Case LSS Doc 453 Filed 08/17/18 Page 1 of 22. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11

FIELD & PLAYING CREATING A LEVEL WORKSHOP CORPORATE ARGENTINA RESTRUCTURING PREPACKAGED PLANS. Gordon W Johnson. The World Bank

Advanced Chapter 11 Practice: Strategies for Minimizing Losses and Maximizing Recoveries in a Customer Bankruptcy

Case BLS Doc 26 Filed 11/07/17 Page 1 of 108

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA CHAPTER 13 PLAN

Official Committee of Unsecured Creditors Committee Information Sheet

scc Doc 731 Filed 07/31/18 Entered 07/31/18 14:35:02 Main Document Pg 1 of 15

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA DIVISION CHAPTER 13 PLAN. Extension ( ) Composition ( )

rdd Doc 301 Filed 04/12/19 Entered 04/12/19 16:04:32 Main Document Pg 1 of 7

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY IMPORTANT NOTICE TO THE BAR AND PUBLIC

Rule Chapter 13 Payments. Commencement of Payments.

The Pervasive Problem Of Numerosity

Case Document 824 Filed in TXSB on 12/21/18 Page 1 of 39

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA. Case No.

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA CASE NO CHAPTER 11

Prepack Bankruptcy Strategies and Problems

Bankruptcy Basics. Second Edition. Produced by the Center for Professional Development Credit Union National Association Madison, Wis. Stock No.

If this is an Amended or Modified Plan, the reasons for filing this Amended or Modified Plan are: [state reasons].

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Chapter 13 Trustee Procedures for

mew Doc 2957 Filed 03/23/18 Entered 03/23/18 17:03:26 Main Document Pg 1 of 38

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION-FLINT. IN RE: CHAPTER 13 CASE NO: JUDGE DANIEL S. OPPERMAN Debtor(s) /

Appointment of Manufacturers and Traders Trust Company as Successor Trustee

mew Doc 1 Filed 05/03/18 Entered 05/03/18 05:46:21 Main Document Pg 1 of 10

Modernized Bankruptcy Forms Conversion Charts

Case 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

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Fantastic Form Plans, Related Amendments, and Where To Find Them

Confirming the Plan: The Absolute Priority Rule Problem. Anne Lawton*

THE EFFECT OF THE 2005 BANKRUPTCY CODE AMENDMENTS ON PERSONAL PROPERTY SECURED TRANSACTIONS IN BUSINESS CASES

Case KG Doc 3962 Filed 11/12/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case Doc 13 Filed 03/05/14 Page 1 of 182 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

(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:

mew Doc 648 Filed 06/02/17 Entered 06/02/17 14:40:50 Main Document Pg 1 of 8

UNITED STATES BANKRUPTCY COURT DISTRICT OF RHODE ISLAND FOURTH AMENDED LOSS MITIGATION PROGRAM AND PROCEDURES I. PURPOSE

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and Bankruptcy Selected Topics

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. [AMENDED (if applicable)] CHAPTER 13 PLAN

Summary of Bankruptcy Reform Conference Report

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

U.S. Bankruptcy Court District of Delaware (Delaware) Bankruptcy Petition #: CSS Date filed: 09/16/2015

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Chapter 11 and CCAA. » A Cross-Border Comparison

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NORTH CAROLINA. IN THE MATTER OF: Case No Fountain Powerboat Industries, Inc.

Business Bankruptcy: Executive Summary

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA. In re ) ) ) GENERAL ORDER CHAPTER 13 CASES ) No ) ) Paragraph 1.

NORTHERN DISTRICT OF CALIFORNIA GENERAL ORDER 34. converted to chapter 13 on or after December 1, 2017, all chapter 13

Case CSS Doc 567 Filed 03/29/18 Page 1 of 33 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

Case 8:10-bk CPM Doc 59 Filed 07/30/10 Page 1 of 18

THIS CAUSE came on for final hearing on August 19, 2009, upon the motion, dated July

Case Doc 585 Filed 09/02/15 Page 1 of 35. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND (Baltimore Division)

) Case No (SMB) ) ) (Jointly Administered) )

Alternatives to Bankruptcy. Options for Corporate Recovery

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. [# AMENDED (if applicable)] CHAPTER 13 PLAN

GUIDELINES AND HELPFUL HINTS TO COMPLETING THE NATIONAL FORM PLAN EFFECTIVE 12/01/2017

Case: LTS Doc#:2545 Filed:02/19/18 Entered:02/19/18 14:33:10 Document Page 1 of 11

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.

Loan Enforcement Improving the Odds of Recovery. By Michael A. Campbell Polsinelli Shughart PC

Getting to the Front of the Line What to Do When Your Debtor Declares Bankruptcy

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION. AMENDED (if applicable) CHAPTER 13 PLAN

Toys-Delaware Settlement Agreement Frequently Asked Questions 1

Current Trends on What to Do When Your Customer Files Bankruptcy

Providing Corporate Finance to a Chapter 11 Company: Lending To, Buying From and Providing Exit Financing to Chapter 11 Debtors

Case Doc 433 Filed 01/26/11 Entered 01/26/11 15:11:22 Desc Main Document Page 1 of 4

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF LOUISIANA. NEW ORLEANS PADDLEWHEELS, INC. : CHAPTER 11 Debtor

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO, ABILENE, SAN ANGELO AND WICHITA FALLS DIVISIONS

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Moving A Ch. 11 Plan Through Confirmation

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LAND HOLDINGS, LLC Case No.

smb Doc 1107 Filed 09/08/17 Entered 09/08/17 11:06:25 Main Document Pg 1 of 228

Bankruptcy 1. WHAT IS A DISCHARGE IN BANKRUPTCY?

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN. [ _#_ Amended (if applicable)] Chapter 13 Plan

Transcription:

Chapter 11 for Individuals and Small Businesses A Primer on Small Chapter 11 Cases

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

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

First Day Motions Cash Collateral Pre-petition Wages Utilities Employment of Debtor s Counsel and accountant

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

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

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

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

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

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

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?

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 441-42, 119 S.Ct. 1411

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

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