Creditors' Rights in Chapter 11 Cases, 2016 Edition: Leading Lawyers on Representing and Enforcing the Rights of Creditors in Bankruptcy Matters (Inside the Minds)
Description:
For even the most seasoned practitioner, effectively navigating the Bankruptcy Code and Rules has long presented unique challenges. Today, the balance of power between debtor and creditor requires greater know-how than ever before. With this latest edition of Creditors' Rights in Chapter 11 Cases, you have the advantage once again. Inside this book you'll discover practice tips and litigation strategies from leaders of some of the nation's leading law firms. The authors in this book:
Guide you through recent caselaw and legislative developments that will help develop arguments and frame upcoming negotiations;
Provide best practices that generate maximum recovery for your creditor clients;
Explain the effect of "pre-negotiated and pre-packaged" bankruptcy filings and their impact on creditors; and
Discuss state and federal receiverships as an alternative to Chapter 11 of the United States Bankruptcy Code;
Outline the complexity of bankruptcy court jurisdiction that creates impediments to efficient and economical reorganization under the Bankruptcy Code.
This edition has been updated to reflect the latest thinking in creditor representation and shines a light on future trends that every creditor must continually monitor.
Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Each author has been selected based on their experience and C-Level standing within the business and legal communities.
Chapters Include:
1. Jeffrey R. Barber, Jones Walker LLP - "The Roles, Responsibilities, and Rights of Creditors in Chapter 11 Cases: An Overview"
2. Peter C. Blain, Reinhart Boerner Van Deuren sc - "The Rise of Receiverships (and the Decline of Chapter 11)"
3. Patricia B. Fugée, Roetzel & Andress - "Successful Strategies for Helping Secured and Unsecured Creditor Clients in Chapter 11"
4. Christine L. Myatt and Brian R. Anderson, Nexsen Pruet PLLC - "Maximizing Recoveries for Unsecured Creditors in Chapter 11 Bankruptcy Cases"
5. Charles M. Tatelbaum and Michael C. Foster, Tripp Scott PA - "The Current State of Chapter 11 Cases: Trends in Pre-Bankruptcy Resolution"
6. Glenn E. Siegel, Morgan Lewis & Bockius LLP - "Knowing the Issues and Putting Together the Right Team for Creditor Clients in Chapter 11"
Appendices include:
Appendix A: Trust Agreement and Assignment for the Benefit of Creditors
Appendix B: Assignment for the Benefit of Creditors
Appendix C: Complaint
Appendix D: Order Appointing Receiver, Enjoining Creditors from Proceedings Against Assignor, and Granting Other Relief
Appendix E: Order (i) Approving Auction Terms and Procedures; (ii) Authorizing Sale of Substantially All of the Assets of Assignors Free and Clear of All Liens, Claims, and Encumbrances; and (iii) Authorizing Disbursement of the Sale Proceeds
Appendix F: Motion for Appointment of a Receiver
Appendix G: Receiver's Motion for Entry of an Order Authorizing Receiver to Enter into Financing Agreement, Borrow Funds, and Grant Liens and Security Interests
Appendix H: 2004 Document Production Request to Individual
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