Shearman & Sterling partner Douglas Bartner has just released the newly updated Financially Distressed Companies Answer Book 2014 for the Practising Law Institute (PLI). The book provides a comprehensive treatment in a convenient Q&A format of issues faced by management, vendors and creditors dealing with financially distressed companies.
Financially Distressed Companies Answer Book 2014 is a readable reference tool for laypersons and non-bankruptcy professionals with concise answers detailed enough to provide a working understanding of concepts covered. In addition, updated statutory and case-law citations are provided to facilitate any desired further reading. Examples and practice tips help illustrate concepts and provide practical guidance.
Written in an easy Q&A format, Financially Distressed Companies Answer Book 2014 describes:
- The roles and fiduciary duties of directors and management in distressed situations
- Rights and limitations of creditors in dealing with companies in distress and in bankruptcy
- Concepts and considerations relating to out-of-court restructurings
- Cross-border reorganizations and issues in international restructurings
- Key concepts in U.S. bankruptcy cases, including differences between chapter 11 and chapter 7 bankruptcies, commencement of a chapter 11 case, financing in chapter 11, treatment of financial contracts (such as swaps and other derivative transactions), tax issues, asset sales and plans of reorganization or liquidation
- Special rules in bankruptcy for small businesses and single-asset real estate companies
Financially Distressed Companies Answer Book 2014 provides a comprehensive treatment of the rights and obligations in this area for non-bankruptcy practitioners, corporate general counsel and senior management, as well as professionals in commercial and investment banks, hedge funds, private equity funds and other institutions transacting business with or affected by companies in financial distress.
Bartner has over 30 years of experience in working with financially distressed companies, regularly representing debtors and creditors and acquirors of assets in chapter 11 bankruptcies and out-of-court restructurings. He served as head of Shearman & Sterling's Financial Restructuring & Insolvency practice for 10 years.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.