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

A Great Reference Source For Business Leaders and Their Professionals Each year billions of dollars of business credit and contracts are restructured under Chapter 11 of the United States Bankruptcy Code. In the process, substantial fortunes are reallocated. Debtors in Chapter 11 reorganizations range from some of the largest business entities in the world to small local businesses. When these companies file for protection from creditors under Chapter 11, new problems and opportunities are created. Mr. Alderman draws upon over twenty years of experience counseling clients to explain the key legal theories and offer practical and tactical advice to business leaders, stakeholders and their advisors. "This book should be a part of the libraries of management, practitioners and accountants. It is comprehensive." The Halyard Restructuring Group, LLC. "This well organized and comprehensive book will be a great asset for anyone on either side of a Business Bankruptcy." William Wright, President & Publisher, Park Ave Publishers Inc. "This book is a great reference source with a wealth of insightful information - No accounting firm's library will be complete without a copy." James E. Schultz, CPA, Sheptoff, Reuber & Co.

Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.

An eye-opening account of the widespread and systematic decay of America's bankruptcy courts

The thousands of mergers, acquisitions, and start-ups that have characterized the past ten years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Bankruptcy and Insolvency Taxation, Third Edition provides the answers to the questions financial managers will have on the tax aspects of the "bankruptcy strategy."

We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.