Examples of Prepackaged Chapter 11 Case in a sentence
In accordance with section 1109(b) of the Bankruptcy Code, nothing in this Article V shall preclude any party in interest from appearing and being heard on any issue in the Prepackaged Chapter 11 Case.
This list will be maintained until the entry of an order and/or final decree concluding the Prepackaged Chapter 11 Case.
This Agreement, the other Loan Documents, and all Liens and other rights and privileges created hereby or pursuant hereto or to any other Loan Document shall be binding upon each Credit Party, the estate of each Borrower, and any trustee, other estate representative or any successor in interest of Borrower in any Prepackaged Chapter 11 Case or any subsequent case commenced under chapter 7 of the Bankruptcy Code, and shall not be subject to Section 365 of the Bankruptcy Code.
With respect to a Prepackaged Chapter 11 Case, no further distribution of the plan and disclosure statement (or other solicitation document) beyond that which occurred pre-petition is required unless requested by a party in interest.
Generally, the purpose of First Day Orders in a Prepackaged Chapter 11 Case or Prenegotiated Chapter 11 Case is to address administrative matters and facilitate the transition of the Debtor to debtor in possession status, and to ensure that the Debtor's business and operations are stabilized and conducted in a manner consistent with past practice and the proposed plan, pending consideration of confirmation of that plan.
The hearings on the Debtor's compliance with either 11 U.S.C.§ 1126(b)(1) or 11 U.S.C. § 1126(b)(2), as applicable, and on confirmation of the plan in a Prepackaged Chapter 11 Case should be combined whenever practicable.EXHIBIT “A” UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re[NAME], Debtor.
As soon as practicable following the filing of a Prepackaged Chapter 11 Case or Prenegotiated Chapter 11 Case, the Debtor should furnish to the judge assigned to the chapter 11 case, two (2) paper copies of the plan, the disclosure statement (or other solicitation document), First Day Motions (as defined below) (with proposed orders attached as exhibits), any other filed motion and any order to show cause on which the Court’s signature is requested.
Any default with respect to any Class 1 Claim that existed immediately prior to the filing of the Prepackaged Chapter 11 Case shall be deemed cured upon the Effective Date.
All such applications should be filed in accordance with Administrative Order No.556, “Adoption of Bar Date Order Guidelines”, dated March 29, 2010 (the “Bar Date OrderGuidelines”); provided, however, that the Debtor in a Prepackaged Chapter 11 Case may disregard the suggested timing in Paragraph 1 thereof concerning when the application should be filed.
At least three (3) days prior to the anticipated filing date of the Prepackaged Chapter 11 Case, the Debtor should (i) notify the United States Trustee for the Eastern District of New York (the “United States Trustee”) of the Debtor's intention to file a Prepackaged Chapter 11 Case, and(ii) supply the United States Trustee with two (2) copies of the Debtor's plan and disclosure statement (or other solicitation document).