Financial Restructuring in Fresh Start Chapter 11 Reorganizations

2008 ◽  
Author(s):  
Randall A. Heron ◽  
Erik Lie ◽  
Kimberly Rodgers Cornaggia
2009 ◽  
Vol 38 (4) ◽  
pp. 727-745 ◽  
Author(s):  
Randall A. Heron ◽  
Erik Lie ◽  
Kimberly J. Rodgers

2005 ◽  
Author(s):  
Randall A. Heron ◽  
Kimberly Rodgers Cornaggia ◽  
Erik Lie

Author(s):  
Olivares-Caminal Rodrigo ◽  
Douglas John ◽  
Guynn Randall ◽  
Kornberg Alan ◽  
Paterson Sarah ◽  
...  

This chapter starts by presenting the case for a comparative approach of the UK and US models for financial restructurings of companies in financial difficulties. It argues that a comparison is useful as the systems used to deal with financial problems are actually very dissimilar. The US has its chapter 11 regime, which is a statutory process under the Bankruptcy Code. This allows a company to restructure under court protection and does not require proof of insolvency. The English system has, by contrast, a mixed approach of contract, common law, and statute and no formal regime specifically designed to achieve a financial restructuring of secured debt. The chapter also considers what changes have occurred since the first edition of this book was published.


Author(s):  
Kenneth M. Eades ◽  
Daniel Hake

It is recommended that this case be taught either just before or just after another Chapter 11 case. Students must to decide whether Horizon Lines should seek Chapter 11 protection or attempt a voluntary financial restructuring. Students have a wide range of financial restructuring alternatives to consider that should give them an appreciation of the advantages and disadvantages faced by a firm choosing to use the bankruptcy court. The case also is best taught to experienced students who understand corporate finance fundamentals and, in particular, grasp the principes of valuation and capital structure.


2011 ◽  
Vol 26 (2) ◽  
pp. 391-419 ◽  
Author(s):  
Reuven Lehavy ◽  
Suneel Udpa

ABSTRACT On January 22, 2002, Kmart Corporation filed voluntary petitions for reorganization under Chapter 11 of the federal bankruptcy laws. While under Chapter 11 protection, Kmart renegotiated its debt, shed some of its non-performing assets, and issued new equity. Financier Eddie Lampert of ESL Investments bought much of Kmart's debt for less than $1 billion while it was in bankruptcy. As part of the reorganization plan, virtually all of Kmart's debt was converted into shares, and ESL Investments emerged as Kmart's largest shareholder. Subsequent to its emergence from bankruptcy on May 6, 2003, Kmart's stock has gone up from around $15/share to nearly $80/share over a period of one year. The case requires students to analyze Kmart's financial performance prior to the bankruptcy, identify the circumstances leading to the bankruptcy, use projected financial statements to derive Kmart's value post-bankruptcy, and explore issues related to Kmart's adoption of Fresh Start reporting upon its emergence from bankruptcy. The case questions fall into five categories: (1) pre-bankruptcy evaluation, (2) reorganization plan and Kmart in bankruptcy, (3) Fresh Start reporting, (4) bankruptcy valuation analysis, and (5) post-bankruptcy performance. The questions are largely independent, allowing instructors the flexibility to adopt only the sections relevant to their courses.


Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


Author(s):  
Hengchen Dai ◽  
Katherine L. Milkman ◽  
Jason Riis
Keyword(s):  

Nature ◽  
2004 ◽  
Author(s):  
Philip Ball
Keyword(s):  

2020 ◽  
Vol 28 (1) ◽  
pp. 66-84
Author(s):  
Sanford U. Mba

Recently, the Nigerian Senate passed the Bankruptcy and Insolvency (Repeal and Re-enactment) Bill. This is no doubt a welcome development following the continued demand by insolvency practitioners, academics and other stakeholders for such legislation. The call has not only been for the enactment of just about any legislation, but (consistent with the economic challenges faced by businesses in the country), one that is favourably disposed to the successful restructuring of financially distressed businesses, allowing them to weather the storm of (impending) insolvency, emerge from it and continue to operate within the economy. This article seeks to situate this draft legislative instrument within the present wave of preventive restructuring ably espoused in the European Union Recommendation on New Approaches to Business Rescue and to Give Entrepreneurs a Second Chance (2014), which itself draws largely from Chapter 11 of the US Bankruptcy Code. The article draws a parallel between the economic crisis that gave rise to the preventive restructuring approach of the Recommendation and the present economic situation in Nigeria; it then examines the chances of such restructuring under the Nigerian draft bankruptcy and insolvency legislation. It argues in the final analysis that the draft legislation does not provide for a prophylactic recourse regime for financially distressed businesses. Consequently, a case is made for such an approach.


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