Reorganizing Failing Businesses: A Comprehensive Review and Analysis of Financial Restructuring and Business ReorganizationAmerican Bar Association |
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Page xviii
... Payment of Stamp or Similar Taxes 11-62 Useful Devices of Acquisition in Either a Sale or a Plan .. 11-64 Conclusion 11-66 Specialized Restructurings 12 PREPACKAGED CHAPTER 11 CASE CONSIDERATIONS AND TECHNIQUES 12-1 Historic Antecedents ...
... Payment of Stamp or Similar Taxes 11-62 Useful Devices of Acquisition in Either a Sale or a Plan .. 11-64 Conclusion 11-66 Specialized Restructurings 12 PREPACKAGED CHAPTER 11 CASE CONSIDERATIONS AND TECHNIQUES 12-1 Historic Antecedents ...
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Page 16-20
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Page 16-21
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Page 16-25
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Contents
General Considerations | 16-1 |
DEALING WITH SENIOR LENDERS | 16-2 |
Appointment of Chapter | 16-11 |
Determining When a Corporation | 16-64 |
Appointment of Examiner 1104 536 | 16-70 |
The Vicinity of Insolvency 1675 | 16-76 |
UNITED STATES SECURITIES LAWS | 17-1 |
Creditors and Equity Holders | 17-5 |
Exclusion of COD Income | 22-7 |
Special Rules for Debtors That | 22-15 |
Debtors Right to Use Sell or Lease | 22-19 |
Deductibility of Original Issue | 22-21 |
Constructive Dividends on Preferred | 22-28 |
ENVIRONMENTAL CONSIDERATIONS 231 | 23-1 |
Estimation 550 | 23-5 |
Benefits of Consensual OutofCourt | 23-7 |
Fiduciary Duties of Chapter 11 | 17-11 |
TRANSNATIONAL RESTRUCTURINGS | 17-13 |
Transactions 1512 | 17-15 |
Reimbursement of Committee | 17-27 |
Federal Proxy Rules 1733 | 17-35 |
Exit Consents Deemed Offers | 17-43 |
OutofCourt Restructurings | 17-53 |
Conclusion 1758 | 17-58 |
to Disclose 1810 | 18-10 |
LENDER LIABILITY CONSIDERATIONS | 18-18 |
Waiver or Estoppel 1822 | 18-22 |
Statutory Liability 1840 | 18-40 |
Fiduciary Duty As Applied to Debt | 19-12 |
MASS TORT CHAPTER 11 CASES 141 | 19-14 |
The Role of Professionals | 19-15 |
Possible Solutions 1917 | 19-19 |
Bankruptcy Code Jurisprudence | 19-30 |
Conclusion 1943 | 19-43 |
TRANSFERS | 20-1 |
Exceptions to the Recovery | 20-13 |
DERIVATIVES | 20-20 |
REAL ESTATE CONSIDERATIONS 211 | 21-1 |
TECHNIQUES | 21-4 |
Using the Restructuring to Improve | 21-9 |
Specialized Restructurings | 21-12 |
Collateral AgreementsCredit | 21-15 |
Property 2333 | 21-23 |
Issues in Real Estate Partnership | 21-40 |
Proceedings | 21-45 |
Improved Positions for Certain | 21-50 |
Automatic Stay 362 | 21-54 |
AN OUTOFCOURT RESTRUCTURING | 22-1 |
Property of the Debtors Estate 541 | 22-5 |
Parent Corporation Liability 2338 | 23-38 |
Requirements for Retention | 23-47 |
Conclusion 2349 | 23-49 |
DEALING | 24-3 |
Subordination Agreements | 24-12 |
Defined Benefit Pension Plans 2414 | 24-14 |
Defined Contribution Pension Plans 2423 | 24-24 |
Plant Closing Laws 2434 | 24-34 |
Available Types of Postpetition | 24-35 |
UNITED STATES COMPETITION | 25-1 |
PURCHASES OF FINANCIALLY TROUBLED | 25-10 |
Laws 1230 | 25-12 |
Arrangements with Competitors | 25-13 |
Management Considerations | 26-2 |
BANKRUPTCY JURISDICTION | 26-7 |
Property of the Estate 363 | 26-8 |
Property of the Estate 113 | 26-10 |
Treatment 1247 | 26-12 |
What are Royalties? 2611 | 26-13 |
SPECIAL PROVISIONS RELATING | 26-15 |
Assumption of Intellectual Property | 26-19 |
BANKRUPTCY CRIMES 271 | 27-1 |
Use of Cash Collateral | 27-3 |
Fraudulent Transfer Actions 1019 | 27-11 |
1533 | 27-15 |
Managements Ambiguous Position | 1 |
510 | 2 |
The Best of Both Worlds | 32 |
Executory Contracts and Unexpired | 37 |
b 565 | 65 |
b 2 C 572 | 72 |
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2005 Amendments 2d Cir 9th Cir aff'd amount apply assets automatic stay Bank Bankr Bankruptcy Code bankruptcy court bankruptcy filing benefits borrower borrower's breach business judgment rule cash CERCLA chapter 11 Circuit cleanup COD income collective bargaining agreement company's contamination Corp corporation corporation's costs court held damages debt debtor in possession decision default determine directors employees environmental equity Exchange Act executory contract exemption faith federal fiduciary duty forward contract Healthco holder insolvency intellectual property issue issuer lease lender liability license lien limited liquidation loan loss ment N.D. Ill obligations operations ownership change partner partnership party payments PBGC petition postpetition prepetition protection purchaser pursuant real estate reasonable rejection reorganization repurchase agreement restructuring result ruptcy secured creditor Securities Act security interest securityholders shareholders Stat statute Supp swap agreement termination tion trading transaction trustee