Reorganizations Under Chapter 11 of the Bankruptcy Code

Many if not all small businesses are facing significant challenges right now. Reorganizations Under Chapter 11 of the Bankruptcy Code is an invaluable resource for lawyers both experienced and inexperienced with bankruptcy to help prepare small businesses to deal with the bankruptcies resulting from the COVID-19 pandemic. This book tells you what you need to know about the Small Business Reorganization Act of 2019, which became effective February 19, 2020, and provides a new path forward for small business debtors, in an attempt to make the reorganization process less daunting, less expensive, and more expeditious than regular Chapter 11 cases.

Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this subject. It contains a detailed treatment of Chapter 11 law and practice, starting with a discussion of the commencement of a Chapter 11 case, and following the case through to its conclusion—the confirmation of a Chapter 11 plan. This roadmap to a Chapter 11 case includes, among other things, 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; the sale of some or all of the debtor's assets; when a trustee may be appointed; 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. This volume also includes separate and detailed chapters on small business cases, first afforded separate treatment in 2005, and then by the Small Business Reorganization Act of 2019 (as modified in 2020 by the CARES Act), which added Subchapter V to Chapter 11. The 2019 Act was designed to make a less expensive and less time-consuming Chapter 11 process available to small businesses, including those owned by individuals. It has received widespread acceptance and promises to be an important tool for small businesses having financial problems.

As more and more businesses encounter financial problems because of the COVID-19 disaster, Reorganizations Under Chapter 11 of the Bankruptcy Code is an essential volume to be included in the legal library.