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Post-Confirmation Issues: Ascertaining the Effective Date; Post-Confirmation Jurisdiction; Serial Filing; Post-Confirmation Litigation Vehicles

With increasing frequency, many issues are purposefully relegated to the "back burner" during the pendency of a chapter 11 case and are resolved post-confirmation of the plan. Other issues arise unexpectedly after the chapter 11 plan has been confirmed. This Outline examines some of the mechanics for dealing with such issues. Part I of this Outline will review issues surrounding the effective date of the chapter 11 plan--when it occurs and its significance. Part II analyzes the reach of the bankruptcy court's power to assert jurisdiction after the plan is confirmed and goes into effect. Part III investigates the phenomenon know as "serial filing." Part IV explores the issues surrounding the designation of post-confirmation vehicles to prosecute causes of action after confirmation of the Chapter 11 plan.

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