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Creditors' Rights in Chapter 11 Cases, 2011 ed.: Leading Lawyers on Representing and Enforcing the Rights of Creditors in Bankruptcy Matters (Inside the Minds)
Creditors' Rights in Chapter 11 Cases provides an authoritative, insider's perspective on best practices for counseling creditors during the current legal and economic environment. Featuring partners from some of the nation's leading law firms, this book guides the reader through a creditor's rights under the Bankruptcy Code, with a focus on determining...
Creditors' Rights in Chapter 11 Cases provides an authoritative, insider's perspective on best practices for counseling creditors during the current legal and economic environment. Featuring partners from some of the nation's leading law firms, this book guides the reader through a creditor's rights under the Bankruptcy Code, with a focus on determining what rights a client has against a debtor and whether those rights are worth pursuing. From providing debtor-in-possession financing to forming a creditors' committee, these top authors analyze the main motions and procedural steps that a lawyer can take to protect the rights of both secured and unsecured creditors against a Chapter 11 debtor and ensure a successful outcome. They also discuss the creditor's role in the process, practical concerns that arise when litigating in Chapter 11, and how to recognize the signs of financial distress before a debtor files for bankruptcy. Additionally, these leaders reveal solutions to complex problems, evaluate recent influential case law, and reflect on current and future trends in this practice area. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-evolving field. Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community. Chapters Include: 1. Trent B. Collier, Member, Dickinson Wright PLLC - "A Primer for Non-Specialists on Litigating in Chapter 11" 2. Mark N. Berman, Partner, Nixon Peabody LLP - "Chapter 11 Trends: A Creditor's Perspective" 3. Peter J. Barrett, Partner, Kutak Rock LLP - "The Impact of Recent Legislative Changes and Judicial Decisions on Creditors' Rights" 4. Andrew J. Currie, Partner, Venable LLP - "Recent Trends in Chapter 11 Affecting Creditors' Rights" 5. Adam D. Marshall, Partner, Lewis Brisbois Bisgaard & Smith LLP - "Shifting Strategies for Secured Creditors: Credit Bidding as a Continuing Strategic Option in Chapter 11 Cases" 6. Steven H. Silton and Thomas G. Wallrich, Partners, Hinshaw & Culbertson LLP - "Representing Creditors in a Chapter 11 Case" 7. David R. Weinstein, Partner, Holme, Roberts & Owen LLP - "Sensibly and Retroactively Protecting Creditors' Rights in Chapter 11 Cases" Appendices Include: Appendix A: Affirmative Defenses to Claims Under 547: A Non-Exhaustive List Appendix B: Checklist for Unsecured Creditors in Chapter 11 Appendix C: Bankruptcy Checklists Appendix D: Bell Atlantic Corp. v. Twombly Appendix E: Ashcroft v. Iqbal Appendix F: In re Chrysler LLC Appendix G: In re Philadelphia Newspapers, LLC
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