NCJ Number
140522
Date Published
1992
Length
233 pages
Annotation
This guide identifies issues likely to arise in bankruptcy mega-cases and explains how courts have dealt with them.
Abstract
This guide is intended primarily for judges in medium- sized cities unaccustomed to dealing with bankruptcy mega- cases that involve millions of dollars in assets, thousands of creditors, possible tort victims in many jurisdictions, and thousands of employees whose jobs are dependent on the company's successful reorganization. The first section of the guide focuses on issues that arise soon after the bankruptcy petition is filed. The handling of initial problems focuses on prefiling planning, the filing, case assignment, organizational meeting, the use of outside facilities and services, and first-day orders. A discussion of the management of the courtroom considers the early hearing on administrative matters, the scheduling of motions, case management, transcripts and docketing, and relations with the press and public. The section on "initial battles" addresses how to deal with special interest groups (regulatory bodies, unions, pension plans, and committees). Guidance on the handling of other problems likely to emerge early in case processing deals with the use of cash collateral, payment of employees, insurance proceeds, seller's right of reclamation, postpetition utility services, and pension plan withdrawal liability. Guidance on the paying of professionals considers the payment of interim fees and the evaluation and allowance of fees. Guidance for the reorganization-plan process encompasses the development of the reorganization plan, the management of the disclosure and confirmation process, and the handling of postconfirmation problems. 36 exhibits