Guide · Bankruptcy

Business Bankruptcy and Restructuring: A Comprehensive Guide to Chapter 11, Subchapter V, and Alternatives

11 U.S.C. § 547

Type
Guide
Jurisdiction
National
Date
2023-10-21
Topic
Bankruptcy

This guide covers business insolvency from the first cash forecast through plan confirmation or wind-down. It begins with the choice among chapters and alternatives, then explains the automatic stay and what it does and does not reach. A full part covers Chapter 11 mechanics: first-day motions, cash collateral, debtor-in-possession financing, professional retention, operating requirements, and the streamlined small-business track. Separate parts address executory contracts and leases, the avoidance actions that recover value for the estate, the priority scheme that determines every negotiation, and the plan process from classification through confirmation and discharge. Further parts cover section 363 sales, the alternatives to bankruptcy, the creditor's perspective including preference defense and claim protection, jurisdiction and venue, and the personal exposure of owners, officers, and directors. The guide closes with special situations, worked problems, and a reference section. Authority is cited and linked throughout.

Business Bankruptcy and Restructuring: A Comprehensive Guide to Chapter 11, Subchapter V, and Alternatives

Bankruptcy > Business Bankruptcy and Restructuring | Published 21 October 2023 - Updated 13 February 2026 | UpLaw - uplaw.us

Orientation

One number governs this entire subject: how many weeks of cash remain. Everything below is available to a company with three months of runway and almost none of it to a company with three weeks.

The full text of this document is available to Executive subscribers and above. See plans.