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McGoldrick's Handling Chapter 11
Small Business &
Consumer Bankruptcy Cases

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TABLE OF CONTENTS

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Edition 2010

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DENNIS McGOLDRICK

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McGoldrick's Handling Chapter 11 in Small Business
& Consumer Bankruptcy Cases

TABLE OF CONTENTS

 

1. Overview of Chapter 11 Law & Procedure

1.1 A "super chapter 13"

2. When Chapter 13 is unavailable

2.1 Section 109(e), when secured debt and unsecured debt limits require chapter 11

2.2 When client is a corporation or partnership

3. Obtaining necessary information to file a petition

4. Case commencement requirements

4.1 Petition, Schedules, etc.

4.2 Court appointment of attorney

4.3 Court appointment of principal responsible party

4.4 Typical U.S. Trustee requirements

5. First day motions and application

6. The first 30 days

6.1 Debtor's duties

6.2 U.S.T. Requirements

6.3 Practical issues

a. Teaching client to fill in the reporting forms.

7. Postpetition income as property of the estate

8. Cash collateral issues

9. Assumption & Rejection of leases & executory contracts

10. Preparing for the Court's Status Conference

11. Unsecured creditor issues

The cost of an unsecured creditors' committee. How they can kill a case (by running up the bill), how they can help a case. Short discussion of ethics of creditors' counsel charging too much to allow confirmation of a plan.

No Creditors' Committee, serve the 20 largest your motions.

12. Treatment of Domestic Support Claims

Pre- and postpetition claims; nonpayment as basis to dismiss, convert, or appoint a trustee.

13. Classifying and treatment of Claims

 

14. Drafting the Plan

If the judge assigned to the case requires the current DS and plan, get ready to prepare a 56+ page Disclosure Statement and 16+ page plan. How do you do this for a debtor with a very limited budget?

15. Drafting the disclosure statement

16. Voting

16.1 Serving the DS and Plan, negotiating for "yes" or "accept" votes. Making sure you have a class vote yes. Setting up a convenience class which will vote yes.

16.2 The absolute priority rule

Is there an absolute priority rule, or can creditors just not object and expect the Judge to apply the absolute priority rule to confirm with 1129(b) in the absence of an objection? Net Disposable Income Test: when triggered;

what's included; implementation

17. Lien stripping and 1111b, payout length

18. Writing a motion to confirm a plan

19. The confirmation hearing

No objections, have to convince the Judge. Objections, be ready for a trial

(really, a trial, call witnesses, cross witnesses, be a real lawyer).

20. Post-confirmation problems

21. Ethics discussion.

22.1 Conflicts of interest

22.2 The lawyer represents the estate, not the debtor

23. Law firm economics

Average hours necessary and expected costs.

How does a lawyer do a super chapter 13 and do it effectively without charging so much the client is killed? This requires using shortened forms.

Some Judges won't want to shorten forms, be careful, shortened forms can make you look like a bad lawyer, but you will get more plans confirmed.

 
 

ABOUT THE DISTINGUISHED AUTHOR

DENNIS McGOLDRICK

Dennis McGoldrick, Esq., graduated from Loyola Law School, Los Angeles, in December, 1980, and was admitted to the bar May 29, 1981.

From 1986 to 1991, Mr. McGoldrick served as a panel trustee for the bankruptcy court of the Central District of California. He was appointed trustee in approximately 10,000 cases.

Mr. McGoldrick has confirmed over 50 chapter 11 plans. He has completed Bankruptcy Mediator training and now is a volunteer on the panel of Bankruptcy Mediators for the Central District of California.

He is a Certified Specialist in Bankruptcy, certified by the Board of Legal Specialization of the State Bar of California.

Dennis McGoldrick served the South Bay Bar Association (SBBA), located in Torrance, California, serving the Southwest District Court, Superior Court of California, as SBBA President in 1995. The year as president culminated eight years on the Board of Directors of the South Bay Bar Association.

Dennis served as President of the Irish American Bar Association in 1996 and served on the Board of Directors of the Irish American Bar Association for over twenty years.

He served as the first president of the Central District Consumer Bankruptcy Attorney's Association, in 2004, and is still an active member, including running the list-serve, and participating on the MCLE committee. The association has over 100 paid consumer bankruptcy attorney members each year.

Dennis McGoldrick culminated four years of service to the State Bar when he served as Chair of the Bankruptcy Law Specialty Commission for the California State Bar in 2007 - 2008.

Mr. McGoldrick owns and operates an online company which is a provider of Mandatory Continuing Legal Education in the State of California, provider number 11253.

 

 

 

 

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