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The choice of a chapter 11 operating trustee can provoke a fight. Follow this guide for a smooth path through the process of displacing an interim chapter 11 trustee or challenging an election. One central feature of the reorganization process under chapter 11 of the Bankruptcy Code is that the debtor's existing management remains in control. The concept of the "debtor-in-possession" is a cornerstone for the efficient and effective use of the bankruptcy process by [...]

As summarized in the March 2018 issue of the American Bankruptcy Institute Journal, ABI's Consumer Bankruptcy Committee has recently issued several recommendations and made several observations regarding the treatment of student loans under the Bankruptcy Code, codified in Title 11 of the United States Code. First, the Committee intends to fashion a program that would address possible ways of securing greater access for consumers owing student loans to the bankruptcy process and competent legal counsel. [...]

During and industry downturn, public disclosures of potential exposure to bankruptcy become more prominent for financially distressed companies, as well as for companies with exposure to distressed counterparties. Many financially sound companies add bankruptcy-related disclosures in their filings with the Securities and Exchange Commission (SEC), and may make similar disclosures to lenders and private investors. These disclosures alert investors of financial distress, insolvency and bankruptcy risks that may affect counterparties and the industry as a [...]