INTRODUCTION Chapter 11 reorganizations have changed considerably since the Bankruptcy Code was enacted in 1978. In particular, senior creditors frequently provide DIP financing to insolvent corporations, and they consequently become the controlling entity in its reorganization. This system has produced new practices that may conflict with the provisions of the Bankruptcy Code. For example, there are many disputes over whether the new value exception, the "gifting" doctrine, and roll-ups should be permitted in bankruptcy. Each of these practices allows plan proponents, who are often pre-petition creditors and post-petition lenders, to further their plan and their status in the reorganization.
|Title||:||Do Death Trap Provisions Breathe Life Into a Chapter 11 Reorganization Plan? (Report)|
|Format Type||:||eBook PDF / e-Pub|
|Category||:||Finance, Books, Business & Personal Finance|