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Chapter 11 Company Mechanics

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With Chapter 11 becoming a popular option for companies big and small, an In House associate may be ready to brush up on what is involved before offering advice on the process or calling up outside counsel.

Here is an rundown of what to expect as a company makes its way through a Chapter 11 filing:

1. Continuing Operations.  Filing for Chapter 11 makes the company a "debtor in possession" with a right to retain property of the estate and continue operating the business.

2. 341 Meeting.  About 20-40 days after filing, be ready for the "341" meeting where the trustee will ask about the company's assets and liabilities, income and expenses, and other financial queries.

3. Creditor's Committee.  The U.S. Trustee's office may go ahead and appoint a "creditor's committee" made up of the company's seven largest unsecured creditors.  The committee can participate in drafting the company's reorganization plan.

4. Reorganization Plan.  The company will be tasked with coming up with a plan on addressing its creditors, typically by prioritizing them.  The company will need a nod of approval from each class of creditors.

5. Debt Discharge.  On approval, the plan vests all property of the estate in the debtor and discharges all debts and liens incurred before the plan or as agreed to.

 

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Southwest's New Frontier?

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And now looking to the friendly skies, Southwest Airlines last week confirmed its plan to submit a bid for the bankrupt Frontier Airlines.  By getting the nonbinding proposal off the ground, in line with the bankruptcy court's requirement, Southwest can now officially check-in with Frontier to request information and documents as part of its due diligence efforts to research the company.

Southwest may be number one in daily domestic flight operations, but it came in second in making a move for Frontier.  Indiana's Republic Airways submitted its $108.8 million bid earlier last month.  The bid was provisionally agreed to by the judge, so long as no better offer came along before August 10th 2009. 

And then Southwest flashed its boarding pass to the bankruptcy show.

Old GM, Meet the New GM

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It's been a while since I posted anything on the GM bankruptcy, and the hiatus has been completely deliberate.  With so much news and speculation swirling around the proceedings, it would be easy to let the affair completely take the blog over.

But yesterday's opinion from the bankruptcy court judge definitely deserves a post, especially since one of the key points in the opinion deals with the disposition of injury lawsuits against the company.
After a whirlwind trip to the Supreme Court, the Chrysler-Fiat deal has finally gone through.  The deal involved the purchase of the bulk of Chrysler's assets by the Italian automaker, and the creation of a new company outside of bankruptcy protection. 

The new company also has significantly less debt, fewer dealerships and reduced labor costs.  Fiat CEO Sergio Marchionne becomes the CEO of the new company, Chrysler Group LLC.
GM bondholders agreed to accept a sweetened ownership deal, but the company still appears to be speeding towards a Chapter 11 bankruptcy filing.

The deal, which bondholders approved earlier today, offered the bondholders the same 10 percent stake in a reorganized GM that the company had offered before, but this time GM added warrants to purchase up to 15 percent of the company if the bondholders sign off on a fast-track bankruptcy and asset sale backed by the US Treasury.
GM said before a crucial vote by bondholders on a tender offer of stock for debt that the company would declare bankruptcy if the bondholders rejected its offer.

The bondholders did, but so far GM hasn't filed any Chapter 11 papers.  Most analysts seem to think that it's only a matter of time, however.  One reason for the delay could be that the company is trying to get approval from the United Auto Workers for a new set of concessions.

In the meantime, GM has already begun bundling its European operations under its German company, Adam Opel, in order to facilitate a sale of the business.
The prices were low, but apparently not low enough.

After a drop in sales and "significant liquidity problems" that led to a sale to the Buxbaum Group, Filene's Basement has filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware. 

The nation's oldest discount retailer also struck a deal that would see a Crown Acquisitions affiliate purchase 17 of Filene's Basement's 25 stores, including the original location in Boston's Downtown Crossing.
Well, it's finally happened.

After months of speculation and conjecture, President Obama has announced that Chrysler has filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court in New York, becoming the first major US auto manufacturer to declare bankruptcy since Studebaker in 1933.

The news of the bankruptcy filing comes in spite of Chrysler's recent breakthroughs with the United Auto Workers and Fiat, and the decision to file for bankruptcy came after a group of Chrysler's creditors broke of restructuring talks after rejecting the government settlement proposal.
Homeowners who are facing foreclosure because of second mortgages on their homes received a piece of good news from the Obama Administration on Tuesday.  Financial institutions will receive subsidies from the federal government out of the Troubled Assets Relief Program fund to modify the terms of second mortgages.

About half of all at-risk borrowers have second mortgages.  The previous mortgage modification program paid lenders to reduce rates on primary mortgages, but did not address second mortgages.  These second mortgages can make staying current on payments difficult, even when homeowners received assistance under the previous foreclosure alternative program.

GM, Chrysler Try to Put the Brakes on Bankruptcy

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Two members of Detroit's Big Three automakers had big announcements today regarding their attempts to secure more federal bailout money. 

GM confirmed several aspects of its massive restructuring process, and Chrysler released news of a tentative concession agreement with the United Auto Workers union and a ratification of its deal with the Canadian Auto Workers.

The announcements come at a time when the auto manufacturers are attempting to meet the demands of the US government in order to qualify for more federal assistance and stave off bankruptcy filings.