Creating Value Through Corporate Restructuring


Book Description

An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.




American Factoring Law


Book Description




Research Handbook on Corporate Bankruptcy Law


Book Description

In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.




The Elements of Bankruptcy


Book Description

A Road Map to Bankruptcy Law; Individual Debtor and the Fresh Start; Corporate Reorganizations and the Absolute Priority Rule; Claims, Property of the Estate, and the Strong-Arm Powers; Executory Contracts; Fraudulent Conveyances, Equitable Subordination, and Substantive Consolidation; Preferences; Automatic Stay; Debtor in Possession; Forming the Plan of Reorganization.




The Economics of Bankruptcy Reform


Book Description

We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.




United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.







Bankruptcy Law Manual


Book Description




A Practical Guide to Bankruptcy Valuation


Book Description

A Practical Guide to Bankruptcy Valuation helps both practitioners and students navigate the complex task of valuing a bankrupt or other financially distressed business, and provides practical guidance on the selection and application of valuation approaches, methods and procedures. Partially drawn from articles that have appeared in the American Bankruptcy Institute Journal, the book contains a wealth of information on how solvency and capital-adequacy analyses, creditor-protection issues, debtor-in-possession financing, fraudulent conveyance and preference claims, restructuring of debtor securities, sale of bankruptcy estate assets, plans of reorganization, staffing costs, bankruptcy taxation issues and fresh-start accounting issues, among others, are factored into properly valuing a bankrupt company. Interspersed with helpful charts and hypothetical examples (some based on real cases), the book describes the generally accepted approaches for valuing the assets and securities of a financially troubled business. The text also provides professional guidance to troubled-company managers, debt-holders and other creditors, equityholders and investors, bankruptcy counsel, juridical finders of fact and other parties to a bankruptcy proceeding, including those called upon to be expert witnesses in bankruptcy cases. Based on the authors' combined 75 years of experience in the valuation field, A Practical Guide to Bankruptcy Valuation lays a solid foundation for those seeking a better understanding of valuation within the bankruptcy context. -- Amazon.com.