Corporate bankruptcy : fundamental principles and processes / William J. Donoher.

Part of: 2012 digital library.

Acknowledgments -- 1. Introduction and overview -- 2. Getting started: filing decisions and effects -- 3. The estate: claims, priorities, and interests in property -- 4. The mechanics of chapter 7 and chapter 11 -- 5. Special topics -- References -- Index.

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Corporate bankruptcy is becoming an increasingly important topic in today's turbulent environment. The bankruptcy decision can be a matter of life and death for the organization dealing with distress, but the impact of the phenomenon is magnified by the variety of business relationships in which companies typically are involved. Bankruptcy thus potentially affects customers, supply chain or network partners, managerial and nonmanagerial employees, landlords and many others in addition to the distressed organization. Understanding the bankruptcy process, therefore, can facilitate best-practice development and the protection of the organization's interests both before and after a bankruptcy petition. This book does not attempt to provide advice; each case is unique and should be addressed by competent legal counsel. Rather, this work is intended to provide an overview of the fundamental principles and processes of both Chapter 11 reorganizations and Chapter 7 liquidations, incorporating examples drawn from relevant legal decisions, research findings, and common experience to highlight the issues involved and provide a basis for discussion. In addition, the text covers the bankruptcy law implications of a number of special topic areas, including small business bankruptcies, governance issues, contractual agreements and obligations such as franchising and collective bargaining agreements, and newly emerging issues surrounding the use of derivatives.

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