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Collier Business Workout Guide

Collier Business Workout Guide

This timely and very practical guide shows you how to plan, carry out and complete an effective out-of-court restructuring or "workout".


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Publisher :Matthew Bender
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    This timely and very practical guide shows you how to plan, carry out and complete an effective out-of-court restructuring or "workout." Leading you step by step through the legal, business and procedural details, it answers your questions on the pros and cons of negotiating a workout as opposed to filing for bankruptcy. Fully explains the complexities of exchange offers and prepackaged plans and analyzes such essential matters as directors' liability, lender's concerns, and taxation in the workout framework. Includes provisions revised or added pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8 (2005).

    You'll find expert guidance through various workout procedures, including:

  • Negotiating with creditors on behalf of shareholders
  • Handling sales of claims against, or assets of, the troubled company
  • Minimizing personal liability of directors
  • Complying with legal requirements of various types of exchange offers

    • Table of Content

    Chapter 1: Overview of Chapter 11 of the Bankruptcy Code

    Chapter 2: Initiating the Workout

    Chapter 3: The Board of Directors in aWorkout

    Chapter 4: Representing the Lender

    Chapter 5: Exchange Offers

    Chapter 6: Prepackaged Bankruptcies

    Chapter 7: Investing in a Troubled Company

    Chapter 8: Tax Aspects of Workouts

    Chapter 9: Preparing for Chapter 11

     

    Hahn, Richard F.


    RICHARD F. HAHN became a partner with Debevoise & Plimpton in 1991 and is a member of the firm's restructuring and bankruptcy group. Mr. Hahn has represented both debtors and creditors in bankruptcy proceedings and workouts. In addition, Mr. Hahn has been active in restructuring work outside of the United States. Mr. Hahn is the co-author of several pieces on bankruptcy law prepared for Practising Law Institute seminars. Mr. Hahn holds both a B.A. (1978) and an M.A. (1980) from Harvard University and a J.D. (1983) from Columbia University. Mr. Hahn was Managing Editor of the Columbia Law Review. He is a member of The Association of the Bar of the City of New York and the American Bar Association.

    Wiles, Michael E.


    MICHAEL E. WILES became a partner with Debevoise & Plimpton in 1987. He is a member of the firm's litigation department and regularly represents debtors and other major participants in contested bankruptcy proceedings. He received a B.A. (1975) summa cum laude from Georgetown University, where he was also elected to Phi Beta Kappa, and a J.D. (1978) from Yale Law School, where he was a director of the Barristers Union and Moot Court programs. Mr. Wiles is a member of The Association of the Bar of the City of New York and the New York State Bar Association.

    Alan N. Resnick


    Alan N. Resnick is the Benjamin Weintraub Distinguished Professor of Bankruptcy Law at Hofstra University School of Law in Hempstead, New York. Professor Resnick, who has taught for more than 25 years, is a nationally recognized authority on bankruptcy law. Professor Resnick is also Of Counsel to the firm of Fried, Frank, Harris, Shriver & Jacobson LLP in New York City, where he regularly consults on bankruptcy, insolvency and restructuring matters. Professor Resnick's writings have been cited in more than 150 judicial opinions, including opinions of the U.S. Supreme Court. He was the author of Bankruptcy Law Manual (5th ed. West) and was the co-editor of Bankruptcy Reform Act of 1978: A Legislative History (Wm. Hein). He has written numerous articles on bankruptcy and commercial law. He also is a frequent speaker at professional seminars and educational programs. Professor Resnick is an elected member of the National Bankruptcy Conference and the American Law Institute, and is a Fellow of the American Bar Foundation. He is also an elected Fellow of the American College of Bankruptcy and has served as that organization's Scholar-in-Residence. He received his legal education at Georgetown University Law Center (J.D.) and Harvard Law School (LL.M.).

    Gross, Steven R.


    STEVEN R. GROSS has been a partner with Debevoise & Plimpton since 1981, and currently heads the firm's restructuring and bankruptcy group. Mr. Gross is highly regarded for his representation of creditors, debtors and third-party bidders in major debt restructurings, particularly prepackaged bankruptcies. Mr. Gross is a frequent speaker on bankruptcy-related issues, and is the co-author of ¿Real Property Foreclosure as a Fraudulent Conveyance: Proposals for Solving the Durrett Problem,¿ Business Lawyer, ¿A New Twist on Twist Cap: Invalidating a Preferential Letter of Credit in In re Air Conditioning,¿ Banking Law Journal and ¿Corporate Governance in Out-of-Court Restructurings,¿ The Bankruptcy Battleground, and has chaired the Practising Law Institute seminar ¿Investing in the Troubled Company.¿ Mr. Gross is a member of the American Bar Association and The Association of the Bar of the City of New York. He holds a B.A. (1968) and an M.A. (1969) from Columbia University, an LL.B. (1971) from Cambridge and a J.D. (1973) from Yale University, where he was an editor of the Yale Law Journal.

    Henry J. Sommer


    Henry J. Sommer is a leading authority on consumer bankruptcy law and has litigated many major cases involving bankruptcy, consumer law, civil rights and other issues. He is the Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia and formerly served as the head of the Consumer Law Project at Community Legal Services in Philadelphia. Mr. Sommer has served as a Lecturer-in-Law at the University of Pennsylvania Law School and is an adjunct professor at Temple University School of Law. Mr. Sommer is the author of Collier Consumer Bankruptcy Practice Guide (Matthew Bender), Consumer Bankruptcy Law and Practice (Nat'l Consumer Law Center), and numerous articles on bankruptcy law. He is co-author of Collier Family Law and the Bankruptcy Code (Matthew Bender). Mr. Sommer is an elected member of the American Law Institute and the National Bankruptcy Conference. In addition, he is an elected Fellow of the American College of Bankruptcy. He is a former president of the National Association of Consumer Bankruptcy Attorneys, former Chair of the Eastern District of Pennsylvania Bankruptcy Conference and a former member of the Federal Reserve Board Consumer Advisory Council. Mr. Sommer was the first recipient of the National Consumer Law Center's Vern Countryman Consumer Law Award. He received his legal education from Harvard Law School (J.D., cum laude).

     

 
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A timely practical guide which leads you step by step through the legal, business and procedural details of an effective out-of-court restructuring or "workout."

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