Chapter 11 Bankruptcy 101: The Essentials of Filing

This session examines critical steps before accepting a Chapter 11 case, including evaluating attorney and staff capacity, understanding why businesses fail, and conducting effective initial client consultations. Attendees will learn about setting appropriate retainers, gathering essential pre-filing information, and controlling the case narrative from day one.

Before filing, clients must thoroughly understand the Chapter 11 process and their ongoing obligations throughout the case. This brief session emphasizes that client education and cooperation directly impact case success and establishes expectations for performance.

This session provides comprehensive coverage of petition requirements, including Schedules A/B through J, the Statement of Financial Affairs, and the critical List of 20 Largest Unsecured Creditors. Attendees will learn about discharge issues for different entity types, ethical considerations, and the automatic stay’s division of pre-petition and post-petition periods.

Explore the distinctions between conventional Chapter 11, Single Asset Real Estate Entity (SARE), Small Business Debtor, Individual Chapter 11, and Subchapter V cases. Each type carries unique requirements, deadlines, and strategic considerations that practitioners must understand to properly advise clients and manage cases effectively.

First-day motions establish case credibility and narrative control, covering employment of professionals, cash collateral, critical vendors, utilities, and employee wages. This session details the strategic importance of immediate filings, including the consequences of delayed motions and proper preparation of the first-day declaration.

The disclosure statement serves as a prospectus requiring adherence to Metrocraft factors and eighth-grade readability standards. This session covers Section 1129 confirmation requirements, plan classification under Section 1122, voting strategies, cramdown provisions, and the absolute priority rule for successful plan confirmation.

Plan confirmation marks the beginning of execution, not the end of the case, as clients must now fulfill all payment obligations. Attorneys should remain engaged through plan completion to protect their reputation and ensure client success in this critical final phase.