Post Confirmation

Post Confirmation: Overview  

The plan of reorganization, voted on during the post petition solicitation phase of the chapter 11 case, must  be approved by a federal bankruptcy judge in order for the companies to exit bankruptcy protection and function as a going concern. 

A signed confirmation order of an accepted plan of reorganization will begin the post confirmation phase.

The confirmation hearing which results in the signature of an order, confirming the plan of reorganization, will establish the next phase of the case: the post confirmation phase.  The confirmation order approves the companies plan of reorganization which establishes:

During the post confirmation phase of the case, the estate trust administrator and the creditors committee will take certain actions in the bankruptcy court to object to claims, recover funds and unwind the remaining assets of the estate.  One of the established goals of the post confirmation phase is to maximize remaining recovery to estate creditors through a combination of business operations, case administration, claims objection, disbursement and estate litigation.

Phase Eleven, through the founder's eleven years of high ranking administrative law firm experience, has developed a set of exceptional methods and standards for achieving excellence during the post confirmation period.

Post Confirmation: Business Operation Services

After confirming the plan of reorganization, the estate administrator will assess remaining business operations for the purpose of sale or temporary commercial activity to increase cash reserves for payment of approved claims and funding current operations of the remaining estate.

Post confirmation business operations include, but are not limited to:  

Phase Eleven will leverage data established in our Relational Restructuring Database during the pre-petition and post petition phases of the case to provide comprehensive business operation services with:

  • Supporting pre-petition and post petition data
  • Relevant pleading precedent and executed agreements
  • Recording and tracking of filed business operation pleadings  

Post Confirmation: Case Administration Services

Keeping the post petition case administration continuity through Phase Eleven's continued commitment to organizational detail is critical to an efficient and effective wind down. 

Every court communication, document, pleading exchanged or filed which generate action items, completion deadlines and compliance requirements which are processed and reported on by the Phase Eleven post confirmation case administration team. 

Phase Eleven will apply the same post confirmation case administration organizational methods and standards which earned the founder accolades, outstanding reviews, promotion and recommendations to your post confirmation case administration.  The Phase Eleven team will consider and track:

  • Bankruptcy code, court ordered, objection and transactional deadlines
  • Estate trust administrator and creditor communications
  • Updated contact information
  • Respond to creditor inquiries
  • U.S. Trustee requirements
  • Case status updates
  • Grouping of pleadings

Post Confirmation: Claims Objection and Reconciliation Services

Claims processing during the post confirmation phase of the chapter 11 case is focused on continued review, analysis, approval or objection of filed claims.  The estate trust administrator is tasked with resolving all claims, which remain after confirmation, for the purpose of implementing disbursement to authorized claimants.  

Phase Eleven will continue to leverage our claims processing and resolution expertise and database technology to the fullest extent to ensure accurate, comprehensive and responsive post confirmation claims reconciliation including, but not limited to:

  • Response to claims reconciliation creditor inquiries
  • Assist estate administrator with analysis and approval or objection of claims
  • Prepare customized claims objection notices for estate creditors
  • Coordinate database updates, including preparation for disbursement

Post Confirmation: Data Organization and Reference Services

Creditor data from the post petition estate contains a wealth of information for post confirmation actions.  All of the pleadings and communications which occurred during the chapter 11 case are organized in the Relational Restructuring Database and can be reused for business operations, claims reconciliation and disbursement. 

During the post confirmation phase, Phase Eleven will continue to build on pre-existing pre-petition and post petition data in the Relational Restructuring Database to provide maximum cost efficiencies and effectiveness to the estate administrator.

We will continue to:

Post Confirmation: Diligence Support Services

Our post petition diligence support services will provide solid information for the estate administrator to continue to sell remaining assets and respond to and commence litigation actions.

Phase Eleven consultants will provide diligence services to estate trust professionals which include, but are not limited to:

The power of the Phase Eleven Relational Restructruing Database and the post confirmation diligence support team will continue to provide comprehensive organization, reporting and response to all diligence issues.

Post Confirmation: Disbursement Services

One of the most important functions of the post confirmation estate is to commence and complete distribution or disbursement of funds in full satisfaction of creditor claims and class treatment. 

Creditors who are either listed in the company's schedules of liabilities or have filed approved claims, may be entitled to a payment in satisfaction of their prepetition or post petition claims

The payment, determined by their approved claim amount calculated through the plan of reorganization class treatment, may be made either in the form of a direct disbursement check or in the form of a security issued through a third party such as American Stock Transfer. 

Phase Eleven's disbursement services team will employ the standards and practices associated with top tier law firm bankruptcy groups, along with leading edge technology, to provide comprehensive disbursement services.  Our disbursement services include, but are not limited to:

  • Class claims objection and approval process for class settlement and payment
  • Report and coordinate with third party payment agencies for equities distribution
  • Issue, mail and follow up with cash settlement and equities distribution
  • Disbursement database management

Post Confirmation: Noticing Services

Notice to estate creditors will continue on a post confirmation basis until a final decree or case closing order is entered closing the chapter 11 cases.  Pleadings related to business operations, chapter 11 compliance issues, claims objections, disbursement reports and preference action litigation are just some of the various notices which will be served on individual and group creditors. 

The Relational Restructuring Database will continue to provide comprehensive organization, processing and reporting on all aspects of noticing including association and tracking of affidavits of service and related objections, replies, responses and court orders.

The Phase Eleven noticing team will continue to provide outstanding noticing to thousands of creditors with careful attention to detail, commitment of proper people power and resources related to:

Retain Phase Eleven Consultants for their pre-petition and post-petition experience and resources and receive unparalleled post confirmation assistance.

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