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Reorganizations Under Chapter 11 of the Bankruptcy Code

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Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool.
“Discusses all aspects of the Chapter 11 proceeding...very helpful.”
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Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted.

This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation.

Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts.

Book #00595; looseleaf, one volume, 880 pages; published in 1986, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-034-0.

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Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-034-0
Page Count 0
Edition 0
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Richard F. Broude
Richard F. Broude is a graduate of Washington University in St. Louis and of the University of Chicago Law School. Mr. Broude practices in New York City, and represents debtors, owners, investors, claims buyers and other parties in interest in Chapter 11 cases. He is a member of the board of editors and a contributing editor of Collier on Bankruptcy and the Collier International Business Insolvency Guide.He is a member of the National Bankruptcy Conference and The American Law Institute and was the past Co-Chair of the Insolvency and Creditor's Rights Committee of the International Bar Association. Mr. Broude frequently lectures on the subjects of bankruptcy and creditors' rights.

§ 1.01 Out-of-Court Procedures
§ 1.02 The Bankruptcy Reform Act of 1978
[1] An Introduction to the Bankruptcy Code
[2] The History of Chapter 11
[3] Amendments to the Bankruptcy Reform Act of 1978
§ 1.03 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”)

The Case Begins: Petitions and Jurisdiction

§ 2.01 Voluntary Petitions
[1] “Persons” Eligible to Seek Voluntary Relief
[2] Other Prerequisites to Voluntary Relief
[3] Special Requirements Applicable to Corporations and Partnerships
[4] Prebankruptcy Planning
§ 2.02 Involuntary Petitions
[1] Eligible Debtors
[2] Who May File an Involuntary Petition
[3] Answers to Involuntary Petitions
[4] The “Involuntary Gap”
[5] Grounds for Relief
[6] Award of Fees and Damages to Alleged Debtor
§ 2.03 [Reserved] 
§ 2.04 Jurisdiction of the District Court and Bankruptcy Courts
[1] Northern Pipeline Construction Co. v. Marathon Pipe Line Co. and Stern v. Marshall
[2] Jurisdiction of the District Courts
[3] Jurisdiction of the Bankruptcy Courts
[4] Withdrawal of the Reference
[5] Abstention

The Principal Players in a Chapter 11 Case
§ 3.01 The Debtor in Possession
[1] In General
[2] Fiduciary Duties of a Debtor in Possession
[3] Corporate Governance
§ 3.02 Committees
[1] Creation and Changes in Composition of Committees
[2] Who May Serve on Committees
[3] Reimbursement of Expenses of Committee Members
[4] Duties of a Committee
[4A] Attorney-Client Privilege; Duty to Share Information
[5] Suits Against Committee Members
[6] Committee Professionals
§ 3.03 Trustees
[1] Legislative History
[2] The Process of Electing or Appointing a Trustee
[2A] Cause for the Appointment or Election of a Trustee
[3] Who May Serve as a Trustee
[4] The Trustee’s Duties
[5] Suits Against a Trustee
[6] Appointment of Trustee in Cases of Suspected Fraud
§ 3.04 Examiners
§ 3.05 The United States Trustee
[1] The History of the United States Trustee System
[2] The Role of the United States Trustee
[3] Financing the United States Trustee System
§ 3.06 Professionals
[1]  Employment of Professionals
[2]  Compensation of Professionals
§ 3.07 Party in Interest

The Automatic Stay

§ 4.01 The Automatic Stay
[1] In General
[2] Judicial and Administrative Proceedings
[3] Enforcement of Judgments
[4] Acts to Obtain Possession of or Exercise Control Over Property of the Estate
[5] Acts Respecting Liens on Property of the Estate
[6] Acts Regarding Property of the Debtor
[7] Acts to Collect Prepetition Debts
[8] Setoff and Recoupment
[9] Tax Court Proceedings
[10] Scope of the Stay
§ 4.02 Applicability of the Stay to Third Persons
§ 4.03 Exceptions to the Automatic Stay
[1] General
[2] Postpetition Perfection of Interests in Property
[3] Governmental Units
[4] Lessors of Real Property
[5] Property Tax Liens
[6] Other Exceptions
§ 4.04 Duration of the Automatic Stay
§ 4.05 Terminating the Automatic Stay
[1] Grounds for Relief
[2] Single Asset Real Estate
[2A] Abusive Filings
[3] Prepetition Agreements
[4] Procedure
§ 4.06 Adequate Protection
[1] History of Adequate Protection
[2] Development of Adequate Protection Under the Code
[3] The Undersecured Creditor
[4] Valuing the Collateral
[5] Stipulations
§ 4.07 Appealability of Orders Regarding the Automatic Stay
§ 4.08 Violating the Automatic Stay

The Secured Creditor

§ 5.01 Use of Collateral
[1] In General
[2] Adequate Protection
[3] Rents
[4] Procedure
[5] Unauthorized Use of Cash Collateral
§ 5.02 Secured Creditor’s Interest in Postpetition Property
§ 5.03 Turnover
§ 5.04 The Secured Creditor's Right to Postpetition Interest, Attorneys’ Fees

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