Prepackaged Bankruptcies: Opportunity or Trap?
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With the cost of bankruptcies soaring prepackaged bankruptcies have become increasingly popular as a fast, cost effective method to achieve the advantages of various bankruptcy protections while not being mired in protracted proceedings whose outcome is often uncertain. However the road to a prepackaged bankruptcy is not without its pitfalls and attorneys, creditors and investors need to know the requirements, negotiating strategies and current developments in this fast changing area to reap the maximum benefits of this form of strategic financial and operational restructuring.
AuthorsDennis J. Drebsky, Nixon Peabody LLP
Daniel W. Sklar, P.C., Nixon Peabody LLP
Elements of Prepackaged Bankruptcies
Prepackaged vs. Pre-Negotiated Bankruptcies or Out-of-Court Restructurings
Advantages and Pitfalls
Strategies for Debtors and Creditors
Elements of Plan Support and Lock up Agreements
Pre-Packs as Facilitating Section 363 Sales
Claims Trading as Impacting the Ability To Effectuate a Pre-Pack Bankruptcy
Current Issues in Pre-Packs - The Automotive Cases