Book Description

Bankruptcy and Financial Restructuring Settlements and Negotiations is an authoritative, insider?s perspective on best practices for dealing with financially distressed companies. Featuring partners from some of the nation?s leading law firms, these experts guide the reader through the intricacies of bankruptcy and financial restructuring, from both a creditor's and debtor's perspective, detailing the various solutions and forums available to each party. These top lawyers give tips on negotiating, arriving at a settlement, and avoiding litigation, while outlining the federal and state laws that govern both in-court and out-of-court proceedings. The authors cover key topics such as: strategies for restructuring a balance sheet; methods of reducing debt and increasing capital; alternative solutions for paying off debt, such as liquidating assets and offering stock options; and valuable tips for educating creditors on their legal rights and options for collecting outstanding debts. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this challenging area of law.Chapters include:1. Peter C. Blain, Partner and Head of Bankruptcy and Creditors? Rights Practice Group, Reinhart Boerner Van Deuren SC - "Steps to Helping the Client Define and Achieve Their Objective"2. Timothy F. Nixon, Shareholder, Godfrey & Kahn SC - "Staying in the Room When the Pin Has Been Pulled: Psychology and Strategy for Working with Financially Distressed Companies"3. John Burns, Partner, Baker & Daniels - "The Business Bankruptcy Process: Maximizing the Value of a Going Concern"4. Andrea Dobin, Shareholder and Director, Sterns & Weinroth - "Crafting an Agreement to Satisfy All Parties Involved"5. Patricia B. Fugee, Esq., Partner, Roetzel & Andress - "Getting and Keeping What Is Yours Without Burning Bridges"6. Michael Jankowski, Shareholder, Reinhart Boerner Van Deuren SC - "Keys to Success in Negotiation and Other Aspects of Bankruptcy Law"7. Jeffrey M. Sherman, Shareholder, Hall Estill Hardwick Gable Golden & Nelson PC - "From Insurers to Trustees: Offering Representation that Adds Value"Appendices:1. Appendix A: Forbearance Agreement 2. Appendix B: Composition and Extension Agreement 3. Appendix C: Accommodation Agreement 4. Appendix D: Plan of Restructuring 5. Appendix E: Plan of Liquidation 6. Appendix F: Plan of Restructuring for Debtor 7. Appendix G: Forbearance Agreement 8. Appendix H: Plan of Reorganization 9. Appendix I: Motion for Approval of Sale 10. Appendix J: Equity Security Holders Committee Memorandum 11. Appendix K: Bankruptcy Preference Demand Letter 12. Appendix L: New Value Analysis 13. Appendix M: Letter Regarding Preferential Payment 14. Appendix N: Letter Regarding Request for Documents 15. Appendix O: Reclamation Demand and Notice for Filing 16. Appendix P: Motion and Order Regarding Reclamation Rights 17. Appendix Q: Motion and Order for Essential Vendor Payments