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Topic: Chapter 11, Title 11, United States Code


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In the News (Thu 31 May 12)

  
  Chapter 11, Title 11, United States Code - Wikipedia, the free encyclopedia
Chapter 11 of the United States Code governs the process of reorganization under the bankruptcy laws of the United States.
A Chapter 11 filing, on the other hand, is an attempt to stay in business while a bankruptcy court supervises the "reorganization" of the company's contractual and debt obligations.
Individuals may also file Chapter 11, but due to the complexity and expense of the proceeding, this option is rarely chosen by debtors who are eligible for Chapter 7 or Chapter 13 relief.
en.wikipedia.org /wiki/Chapter_11   (974 words)

  
 [No title]
Chapter X [chapter 10 of former title 11] was designed to impose rigid and formalized procedures upon the reorganization of corporations and, although designed to protect public creditors, has often worked to the detriment of such creditors.
Chapter XI [chapter 11 of former title 11] allows a debtor to negotiate a plan outside of court and, having reached a settlement with a majority in number and amount of each class of creditors, permits the debtor to bind all unsecured creditors to the terms of the arrangement.
It is modified to conform with the consolidation of Chapters X and XI [chapters 10 and 11 of former title 11] and with the new chapter 11 generally.
uscode.house.gov /download/pls/11C11.txt   (11282 words)

  
 Chapter 7 Information   (Site not responding. Last check: 2007-11-07)
Upon the filing of the chapter 7 petition, an impartial case trustee is appointed by the United States trustee (or by the court in Alabama and North Carolina) to administer the case and liquidate the debtor's nonexempt assets.
The primary role of a chapter 7 trustee in an "asset" case is to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors.
United States trustees and bankruptcy administrators are responsible for establishing a panel of private trustees to serve as trustees in chapter 7 cases and for supervising the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of the Bankruptcy Code.
www.ndb.uscourts.gov /forms/Chapter07Information.htm   (2508 words)

  
 [No title]
The United States trustee, a federal employee to be distinguished from a private case trustee or panel trustee, appoints the committee, which ordinarily consists of unsecured creditors who hold the seven largest unsecured claims against the debtor.
The United States trustee and creditors may question the debtor under oath at the section 341 meeting concerning the debtor's acts, conduct, property, and the administration of the case.
Generally, upon the request of a party in interest in the case or the United States trustee, after notice and hearing and "for cause," the court may convert a chapter 11 case to a case under chapter 7 or dismiss the case, whichever is in the best interest of creditors and the estate.
www.txnb.uscourts.gov /general/ch_11_info.jsp   (5417 words)

  
 USFlag.org: A website dedicated to the Flag of the United States of America - United States Code
In accordance with section 285b of title 2 of the U.S. Code, the Code is compiled by the Office of the Law Revision Counsel of the United States House of Representatives.
The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.
The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States.
www.usflag.org /uscode36.html   (3777 words)

  
 Chapter 11 Information   (Site not responding. Last check: 2007-11-07)
The chapter 11 bankruptcy case of a corporation (corporation as debtor) does not put the personal assets of the stockholders at risk other than the value of their investment in the company's stock.
Section 1107 of the Code places the debtor in possession in the position of a fiduciary, with the rights and powers of a chapter 11 trustee, and requires the performance of all but the investigative functions and duties of a trustee.
When a chapter 11 debtor needs operating capital, it may be able to obtain it from a lender by giving the lender a court-approved "superpriority" over other unsecured creditors or a lien on property of the estate.
www.ndb.uscourts.gov /forms/Chapter11Information.htm   (5429 words)

  
 Chapter 9   (Site not responding. Last check: 2007-11-07)
The term "municipality" is defined in the Code to mean "political subdivision or public agency or instrumentality of a State." 11 U.S.C. The definition is broad enough to include cities, counties, townships, school districts, and public improvement districts.
The restrictions imposed by section 904 are necessary in order to ensure the constitutionality of chapter 9 and to avoid the possibility that the court might substitute its control over the political or governmental affairs or property of the debtor for that of the state and the elected officials of the municipality.
Under chapter 11, a plan is said to be in the "best interest of creditors" if creditors would receive as much under the plan as they would if the debtor were liquidated.
www.laeb.uscourts.gov /GenInfo/Chapter09.htm   (3317 words)

  
 Chapter 7 Information
A chapter 7 case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets.
In order to accord the debtor complete relief, the Bankruptcy Code allows the debtor to convert a chapter 7 case to case under chapter 11, 12 or 13 as long as the debtor is eligible to be a debtor under the new chapter.
When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor's nonexempt assets.
www.wiw.uscourts.gov /bankruptcy/ch7info.htm   (3097 words)

  
 Chapter 12 Information
Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers.
Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts.
In a chapter 12 case, to participate in distributions from the bankruptcy estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors.
www.wiw.uscourts.gov /bankruptcy/ch12info.htm   (2907 words)

  
 What is the difference between the chapters?   (Site not responding. Last check: 2007-11-07)
Chapter 7 is designed for individuals, corporations and partnerships in financial difficulty who do not have the ability to pay their existing debts.
Chapter 11 allows a business to reorganize and restructure its finances so that it may continue to operate, provide employees with jobs, pay its creditors, and produce a return for its stockholders, if any.
Chapter 13 enables individuals with regular incomes, under court supervision and protection, to repay their debts over an extended period of time according to a plan.
www.rib.uscourts.gov /Filing,Noticing&Calendars/faqs/faq16.htm   (309 words)

  
 [No title]   (Site not responding. Last check: 2007-11-07)
On December 8, 1987, the defendants filed a petition in the United States District Court for the Eastern District of Kentucky seeking removal of the action from Bourbon Circuit Court pursuant to 28 U.S.C. secs.
2278a-3(b) to the United States District Court for the District of Columbia.
The motion of the Assistance Board to dismiss Capital Corporation/Assistance Board or to transfer this action to the United States District Court for the District of Columbia shall be overruled.
www.kyeb.uscourts.gov /opin/leeopin/1990/sledd.html   (1180 words)

  
 Chapter 7 Bankruptcy Information
Indeed, the court may dismiss a chapter 7 case filed by an individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be substantial abuse of the provisions of 11 chapter 7.
The Bankruptcy Code requires that reaffirmation agreements contain an explicit statement advising the debtor that the agreement is not required by bankruptcy or non- bankruptcy law.
United States trustees and bankruptcy administrators are responsible for establishing a panel of private trustees to serve as trustee in chapter 7 cases and for supervising the administration of cases and trustees under chapters 7, 11, 12, and 13 of the Bankruptcy Code.
www.cob.uscourts.gov /ch7info.htm   (2578 words)

  
 Talk:Chapter 11, Title 11, United States Code - Wikipedia, the free encyclopedia
This is chapter 11 and I see articles for 7 and 13, but why is there no chapter 9??
I believe I've heard that there have been protests to the WTO that the US is sheltering its businesses from fair competition because Chapter 11 is allegedly excessively lenient compared to European bankruptcy law.
"All airline analysts agree that the United States airline industry's unprofitability (as a whole) is due to excess seat capacity, and that the solution is for at least two major airlines to be allowed to perish.
en.wikipedia.org /wiki/Talk:Chapter_11,_Title_11,_United_States_Code   (296 words)

  
 In re Century Elecs. Mfg. Inc.   (Site not responding. Last check: 2007-11-07)
On September 14, 2001 the Court authorized the appointment of a Chapter 11 trustee and on September 21, 2001 approved the appointment of David Nickless as the Chapter 11 trustee (the "Trustee").
A copy of the Motion to Reject were mailed to United Capital's attorneys at the address set forth in the Notice of Appearance and to TAL and Lyon at their respective addresses.
United Capital contends that was not properly served with the Motion to Reject and therefore the Schedule 1 and Schedule 2 Leases are still in effect.
www.craigmacauley.com /cases/10-15-02.htm   (2945 words)

  
 Pharmaceutical Formulations, Inc. Announces Filing for Protection Under Chapter 11 of the Bankruptcy Code
EDISON, N.J., July 11 /PRNewswire-FirstCall/ -- Pharmaceutical Formulations, Inc. (OTC Bulletin Board: PHFR) (the "Company") announced today that it has filed a voluntary petition for relief under Chapter 11 of Title 11, United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court").
In connection with the Chapter 11 filing, the Company announced that it has reached agreement (the "Agreement") for the sale of substantially all of its assets to Leiner Health Products, L.L.C. ("Leiner").
In connection with the filing of its Chapter 11 petition, the Company has filed a motion with the Bankruptcy Court seeking approval of its agreement with The CIT Group/Business Credit, Inc. ("CIT") to provide debtor-in-possession financing under a revolving credit facility in the aggregate amount of $14 million.
www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/07-11-2005/0004065239&EDATE=   (478 words)

  
 Welcome to the Legal Information Institute   (Site not responding. Last check: 2007-11-07)
December 17 - U.S. President George W. Bush states, in a radio address to the nation, that he authorized the National Security Agency to (without warrant) "intercept the international communications of people with known links to al Qaeda and related terrorist organizations".
United States District Court, 407 U.S. LII Backgrounders: Terrorism; National Security and the War Power
United States (04-368), overturns the company's obstruction of justice conviction because of improper jury instructions.
www.law.cornell.edu   (1144 words)

  
 This is the Summary of the Senate Judiciary Executive Business Meeting
The amendment was defeated by a rollcall vote of 7 yeas to 11 nays.
chapter 11 of title 11, United States Code, be considered to be property of the estate
A Joint Resolution Proposing an amendment to the Constitution of the United States authorizing Congress to Prohibit Physical Desecration of the Flag of the United States - Hatch
judiciary.senate.gov /oldsite/ex42799.htm   (652 words)

  
 USA Qualified Settlement Funds Trust Agreement re Chapter 11 Filing   (Site not responding. Last check: 2007-11-07)
Use this template to prepare an Irrevocable Trust Agreement for the United States, which establishes a "Qualified Settlement Funds" trust (pursuant Section 468B of the Internal Revenue Code), following a debtor's filing of a Chapter 11 bankruptcy petition.
1.1 The Settlor filed a voluntary petition for relief under Chapter 11 of Title 11, United States Code in the United States Bankruptcy Court, __________ District of [State] (the "Court"), Case No. __________ (the "Bankruptcy Case").
A copy of the Plan is attached hereto as Exhibit 1 and is hereby incorporated and made a part hereof by reference.
www.megadox.com /docdetail.php/5218   (513 words)

  
 Adelphia | Bar Date FAQs
by which any person, corporation or governmental unit with a claim against Adelphia or any of its subsidiaries that arose on or prior to the petition date must file a "Proof of Claim." The Bar date was January 9, 2004.
A Proof of Claim is the document through which a person, corporation or governmental unit can assert any claim they believe they have against any of the Debtors.
Any holder of a claim that is not excepted from the requirements of the Bar Date Order http://www.adelphia.com/about/bar_date_faqs.cfm and that fails to timely file a proof of claim in the appropriate form will essentially lose its claim against Adelphia.
www.adelphia.com /about/bar_date_faqs.cfm   (189 words)

  
 FAIR Act of 2005 - TITLE I - Asbestos Claims Resolution   (Site not responding. Last check: 2007-11-07)
(ii) copies of the entity's public statements and securities filings made in connection with the entity's filing for chapter 11 protection that asbestos liability was not the sole or precipitating cause of the entity's chapter 11 filing.
Notice of such motion shall be as directed by the bankruptcy court and the hearing shall be limited to consideration of the question of whether or not asbestos liability was the sole or precipitating cause of the entity's chapter 11 filing.
Any timely appeal under title 11, United States Code, from a confirmation order entered during the applicable time period shall automatically extend the time during which this Act is inapplicable to the bankrupt business entity, until the appeal is fully and finally resolved.
www.weitzlux.com /asbestoslawyerfairact2005congressmesothelioma_876.html   (1022 words)

  
 Related Provisions - 2nd Title VI 608 (Retired employees)
(B) the court finds that a modification proposed by the trustee meets the standards of section 1113(b)(1)(A) of such title and the balance of the equities clearly favors such modification.
(5) No claim for benefits covered by this section shall be limited by section 502(b)(7) of such title.
(d) This section shall not apply during any period in which a case is subject to chapter 7, title 11 United States Code.
www.ohnb.uscourts.gov /Documents/USBC/usbc213.htm   (413 words)

  
 FMCSA - Regulation: 386.84
Additional sanctions may be imposed under paragraph IV (h) of appendix A to part 386.
(d) This section does not apply to any person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11, title 11, United States Code.
(d)(1) The chapter of the Bankruptcy Code under which the bankruptcy proceeding is filed (i.e., chapter 7 or 11);
www.fmcsa.dot.gov /rules-regulations/administration/fmcsr/386.84.htm   (566 words)

  
 [No title]
BILLS INTRODUCED H.R. 3564, Rep. Isakson, a bill to amend chapter 11 of title 31, United States Code, to include projected 3 percent cuts in the budget of each department or agency of the Government within the President’s annual budget submission; to the Committee on the Budget.
The Senate insisted on its amendment and requested a conference with the House thereon.
BILL INTRODUCED H.R. 3571, Rep. Maloney, a bill to amend title 38, United States Code, to provide housing loan benefits for the purchase of residential cooperative apartment units; to the Committee on Veterans Affairs.
www.hudclips.org /sub_nonhud/html/pdfforms/00-5-7.doc   (296 words)

  
 Kentucky Revised Statutes
TITLE I - SOVEREIGNTY AND JURISDICTION OF THE COMMONWEALTH
CHAPTER 118B DISTRICTS FOR UNITED STATES HOUSE OF REPRESENTATIVES
CHAPTER 269 MISCELLANEOUS PROVISIONS AS TO DITCHES, DRAINAGE, AND RECLAMATION
www.lrc.state.ky.us /krs/titles.htm   (1395 words)

  
 Thompson Hine LLP : Amcast Industrial Corporation, et al., Chapter 11 Filings
These and other pleadings in the Debtors’ chapter 11 cases may also be viewed at the clerk’s office of the United States Bankruptcy Court for the Southern District of Ohio, Western Division, 120 West Third Street, Dayton, Ohio 45402.
Objection of the United States Trustee to Second Quarterly Application of McDonald Hopkins, Co., LPA for Interim Allowance of Compensation for Services Rendered and for Reimbursement of Expenses Incurred for the Period March 1, 2005 Through May 31, 2005
Response of the United States Trustee to the Second Interim Application of Thompson Hine LLP for Allowance of Compensation for Professional Services Rendered and for Reimbursement of Expenses for the Time Period March 1, 2005 Through May 31, 2005
wwwdev.thompsonhine.com /practicegroups/bankruptcy/amcast   (5126 words)

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