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A Great Reference Source For Business Leaders and Their Professionals Each year billions of dollars of business credit and contracts are restructured under Chapter 11 of the United States Bankruptcy Code. In the process, substantial fortunes are reallocated. Debtors in Chapter 11 reorganizations range from some of the largest business entities in the world to small local businesses. When these companies file for protection from creditors under Chapter 11, new problems and opportunities are created. Mr. Alderman draws upon over twenty years of experience counseling clients to explain the key legal theories and offer practical and tactical advice to business leaders, stakeholders and their advisors. "This book should be a part of the libraries of management, practitioners and accountants. It is comprehensive." The Halyard Restructuring Group, LLC. "This well organized and comprehensive book will be a great asset for anyone on either side of a Business Bankruptcy." William Wright, President & Publisher, Park Ave Publishers Inc. "This book is a great reference source with a wealth of insightful information - No accounting firm's library will be complete without a copy." James E. Schultz, CPA, Sheptoff, Reuber & Co.
A Practical Guide in Five Steps Most executives will lead or be a part of a reorganization effort (a reorg) at some point in their careers. And with good reason—reorgs are one of the best ways for companies to unlock latent value, especially in a changing business environment. But everyone hates them. No other management practice creates more anxiety and fear among employees or does more to distract them from their day-to-day jobs. As a result, reorgs can be incredibly expensive in terms of senior-management time and attention, and most of them fail on multiple dimensions. It’s no wonder companies treat a reorg as a mysterious process and outsource it to people who don’t understand the business. It doesn’t have to be this way. Stephen Heidari-Robinson and Suzanne Heywood, former leaders in McKinsey’s Organization Practice, present a practical guide for successfully planning and implementing a reorg in five steps—demystifying and accelerating the process at the same time. Based on their twenty-five years of combined experience managing reorgs and on McKinsey research with over 2,500 executives involved in them, the authors distill what they and their McKinsey colleagues have been practicing as an “art” into a “science” that executives can replicate—in companies or business units large or small. It isn’t rocket science and it isn’t bogged down by a lot of organizational theory: the five steps give people a simple, logical process to follow, making it easier for everyone—both the leaders and the employees who ultimately determine a reorg’s success or failure—to commit themselves to and succeed in the new organization.
Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.
Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts
This thoroughly updated casebook is designed for Chapter 11 bankruptcy courses, and it is also suitable for general courses focusing on business bankruptcy. The fourth edition retains the basic approach of the earlier editions. It presents a hypothetical company in some detail (including financial statements) and follows that company through the process of reorganization, from attempted workout to plan confirmation. It provides students with the foundation for a business bankruptcy practice: a solid grounding in the law; an orientation to the business issues; and a step-by-step view of the process that may be able to rescue a financially distressed business, either by a traditional reorganization or a sale of the business as a going concern. The treatment of the avoiding powers has been particularly strengthened
This book sets out a new approach to identifying and resolving corporate law's normative concerns, establishing new methodology through detailed analysis of key changes in market practice. Paterson adopts a comparative UK/US approach in analysing the process of institutional change, providing important lessons for global legal harmonisation.
Philipp Jostarndt studies distress-induced changes in ownership and control, success factors in distressed equity infusions, and firms’ choice between in- and out-of-court debt restructurings. In addition, he analyzes the determinants of survival, acquisition, and bankruptcy as alternative paths to exit financial distress. He includes both the firm perspective as well as the market valuations of the undertaken restructurings and, where applicable, relates the findings to the microstructure of Germany’s revised bankruptcy legislation.
-Identify your critical decisions. Focus on those that matter most to your company's performance. --