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This page includes supplemental materials for the law school casebook that I co-author on Business Reorganization in Bankruptcy. Materials on other subjects will be added, time permitting. 

 

Materials to accompany Scarberry, Klee, Newton & Nickles, BUSINESS REORGANIZATION IN BANKRUPTCY (Thomson/West, 4th ed., 2012):

 

Important update on the Philadelphia Newspapers issue:

On May 29, 2012, the Supreme Court affirmed the Seventh Circuit's decision in the River Road case (River Road Hotel Partners, LLC  v. Amalgamated Bank, 7th Cir.), which is discussed in the casebook at pp. 1020 and 1068. See RadLAX Gateway Hotel, LLC v. Amalgamated Bank, __ U.S. __, 132 S. Ct. 2065 (2012). The decision was 8-0, with Justice Kennedy not participating.

Correction for Present Value Table C-1 on p. 1198:

Three of the entries are incorrect. The correct figures for eight years at 14% and 16% discount rates, respectively, are .351 and .305 (not .651 and .605). The correct figure for 32 years at a 14% discount rate is 0.015 (not 0.15). 

Finding aid for 4th edition:

Non-Exhaustive Table of Bankruptcy Code Sections Cited

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Sample Exam Questions and Other Materials:

On-line access to plans of reorganization, first-day orders, and other important case documents: Claims processing and other administrative services in chapter 11 cases often are handled by legal administration service companies, which often place important case documents on their web sites for easy access. Here is a helpful list of such companies (together with links to their web sites) approved for use in cases in the Bankruptcy Court for the Southern District of New York. In some cases the chapter 11 debtor or a legal administration services company will create a stand-alone web site for the case. See, e.g., the AMR Corp. (American Airlines) Court Documents and Claims Register website maintained by claims agent GCG. Committees that are active in a case often also will set up informational websites such as this website set up by Epiq Systems for the official committee of unsecured creditors in the AMR case. 

Sample Documents: 

Gerald Champion Regional Medical Center Documents

(1) Confirmation Order,

(2) Disclosure Statement,

(3) Plan Modification

Berryman Products Disclosure Statement

Fountain View documents:

(1) Third Amended Joint Plan of Reorganization,

(2) Substantive Consolidation Motion & Memo in Support,

(3) Motion for Approval of Disclosure Statement/Voting Procedures/Confirmation Procedures,

(4) Order Approving Disclosure Statement/Voting Procedures/Confirmation Procedures,

(5) Confirmation Brief, Findings Concerning Confirmation and Substantive Consolidation,

(6) Order Confirming Plan and Authorizing Substantive Consolidation

World Bazaars documents:

(1) Liquidating Plan,

(2) Disclosure Statement,

(3) Confirmation Memorandum,

(4) Confirmation Order