Chapter 11

Spring 2013 Edition Of Bankruptcy Resource Now Available

04/11/13

The Spring 2013 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area.

[more]

Official Bankruptcy Forms Revised To Reflect April 1, 2013 Dollar Amount Adjustments

04/01/13

As discussed in an earlier post called "Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013," various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2013. Now several official bankruptcy forms have been revised to reflect these new dollar amounts.

[more]

Using Chapter 11 Bankruptcy's Sale Process To Achieve An Exceptional Sale Price

03/11/13

A Difficult Problem. Imagine that your company is facing a government investigation, requiring you to spend hundreds of thousands of dollars in legal fees and costs, while being threatened with substantially more legal expense. That financial burden is simultaneously starving the company of cash needed to grow the business, and cash balances are heading toward zero.

[more]

Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013

02/26/13

It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the changes on this Federal Register page, which printed this month's official notice from the Judicial Conference of the United States.

Among the most meaningful increases for Chapter 11 and other business bankruptcy cases:

[more]

S Corporation May Not Pay Shareholders’ Post-Petition Tax Obligations

02/19/13

By: Erin Rieu-Sicart

St. John’s Law Student

[more]

Absolute Priority Rule Absolutism? Strict Interpretation of Bankruptcy Code Cramdown Provisions Nearly Causes Hawker Beechcraft Plan Confirmation to Skid Along the Runway

02/08/13

By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders and noteholders, which soon thereafter gained the support o

[more]

Fourth Circuit Preserves Absolute Priority Rule Despite Challenge Through BAPCPA

01/14/13

By: Andrew Serrao

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

[more]

Bad Faith Constitutes “Cause” For Dismissal of a Bankruptcy Case

01/08/13

By: Kathleen Mullins

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

 

[more]