The Attorney’s Handbook on Small Business Reorganization Under Chapter 11 Table of Contents

THE ATTORNEY’S HANDBOOK ON SMALL BUSINESS REORGANIZATION UNDER CHAPTER 11

Chapter One – QUESTIONS AND ANSWERS ABOUT CHAPTER 11

Questions and Answers About Chapter 11

Chapter Two – ADVISING A FINANCIALLY-TROUBLED SMALL BUSINESS

2.01 Chapter 11 – A General Description
2.02 Gathering Information and Identifying The Problem
2.03 The Nonbankruptcy Alternatives
2.04 Chapter 11 vs. Chapter 7
2.05 Chapter 11 vs. Chapter 13 or Chapter 12

Chapter Three – PREPARING AND FILING A VOLUNTARY CHAPTER 11 CASE

3.01 The Employment and Compensation of The Debtor’s Attorney
3.02 The Chapter 11 Eligibility and Jurisdictional Requirements
3.03 Gathering Information and Assessing the Case
3.04 Preparing the Initial Chapter 11 Forms and Documents
3.05 Filing a Voluntary Chapter 11 Case

EXHIBITS FOR CHAPTER THREE

3-A Application For Order Approving Employment of Attorney
3-B Verified Statement of Attorney
3-C Agreement For Employment of Attorney
3-D First Application For Allowance of Interim Compensation and Expenses
3-E Attorney’s Letter to Debtor in Possession
3-F Chapter 11 Work Sheets
3-G Voluntary Petition
3-H List of Creditors Holding 20 Largest Unsecured Claims
3-I List of Creditors
3-J List of Equity Security Holders
3-K Debtor’s Resolution Authorizing Commencement of Case
3-L Debtor’s Letter to Creditors and Customers

Chapter Four – HANDLING A VOLUNTARY CHAPTER 11 CASE

4.01 The Automatic Stay and Relief Therefrom
4.02 Operating a Business Under Chapter 11
4.03 Creditors’ Committees and Meetings of Creditors
4.04 Handling Claims, Security Interests, and Setoffs
4.05 Handling Executory Contracts and Unexpired Leases
4.06 Preparing and Filing a Plan of Reorganization
4.07 Preparing and Obtaining Approval of a Disclosure Statement
4.08 Obtaining Acceptance of a Plan by Creditors and Equity Security Holders
4.09 Obtaining Confirmation of a Plan
4.10 The Order of Confirmation
4.11 Postconfirmation Matters – Implementation, Distribution and Consummation
4.12 The Appointment of a Trustee or Examiner
4.13 Handling Related Litigation and Appeals
4.14 Dismissal or Conversion to Another Chapter

EXHIBITS FOR CHAPTER FOUR

4-A Motion For Relief From Stay of Act Against Property
4-B Application For Allowance of and For Authority to Pay Claims of Debtor’s Employees For Pre-Filing Wages
4-C Motion For Authority to Use Cash Collateral
4-D Notice of Proposed Sale of Estate Property Not in Ordinary Course of Business and of Hearing
4-E Motion For Authority to Obtain Credit Not in The Ordinary Course of Business
4-F Small Business Monthly Operating Report
4-G Objection to Allowance of Claim and Notice of Hearing
4-H Application For Allowance of Administrative Expenses
4-I Motion For Approval of Assumption of Executory Contract and Notice of Hearing
4-J Motion For Approval of Rejection of Executory Contract and Notice of Hearing
4-K Small Business Plan of Reorganization
4-L Small Business Disclosure Statement
4-M Order Conditionally Approving Disclosure Statement, Fixing Times For Filing Acceptances or Rejections of Plan, For Filing Objections to the Disclosure Statement, and For Filing Objections to Confirmation of the Plan, and Fixing Dates For Hearing on Final Approval of Disclosure Statement if a Timely Objection is Filed and For Confirmation Hearing, Combined With Notice Thereof
4-N Cover Letter For Rule 3017 or 3017.1 Documents
4-O Ballot For Accepting or Rejecting Plan
4-P Objection to Confirmation of Plan
4-Q Order Confirming Plan
4-R Motion to Convert Case to Chapter 7 Under Section 1112(a)
4-S Motion For Dismissal or Conversion of Case Under Section 1112(b)
4-T Periodic Report Regarding Value, Operations and Profitability of Entities Which the Debtor’s Estate Holds a Substantial or Controlling Interest

Chapter Four – REPRESENTING A CREDITOR IN A CHAPTER 11 CASE

5.01 Filing and Handling an Involuntary Chapter 11 Case
5.02 Representing a Secured Creditor in a Chapter 11 Case
5.03 Representing an Unsecured Creditor in a Chapter 11 Case

EXHIBITS FOR CHAPTER FIVE

5-A Involuntary Petition
5-B Answer to Involuntary Petition and Counterclaim
5-C Proof of Claim

APPENDIXES

Appendix I – THE BANKRUPTCY CODE (Title 11, United States Code)
Appendix II – THE FEDERAL RULES OF BANKRUPTCY PROCEDURE

 

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