Understanding Bankruptcy Pleadings

Chapter 11 Bankruptcy Pleadings Origin

Chapter 11 bankruptcy is filed in a federal court by companies seeking legal protection from debts owed to creditors.  Federal bankruptcy law shields a debtor company from these "pre-petition" or "pre-bankruptcy" creditors, but requires the debtor company to obtain court authorized permission to take certain business actions. 

Court permission is sought in the form of a "pleading" or legal document filed in the federal bankruptcy court where the bankruptcy case is being heard.  The bankruptcy court, upon filing of the case, opens up a "court docket" for each debtor company.  The majority of bankruptcy pleadings are filed on the court docket for the legal parent company for all of the debtors or the "lead debtor case". 

Pleadings are filed throughout a bankruptcy case by the debtor company, creditor parties and interested parties to the case (who may not have a direct creditor/debtor relationship). 

Petition Date Pleadings   

The debtor company initiates a voluntary bankruptcy case in federal bankruptcy court by the filing of a voluntary petition and a number of "first day pleadings", which request permission to continue certain operations and initiate others under federal bankrutpcy law.

Below referenced are samples of some "first day pleadings" filed at the commencement of a chapter 11 bankruptcy case: 

Document/Pleading

Corresponding Order/Pleading

§  Voluntary Petition

§  Equity Holders List

 

§  Master Creditors List

§  Cash Management Motion

§  Cash Management Order

§  Customer Programs Motion

§  Customer Programs Order

§  Debtors Counsel Application

§  Debtors Counsel Order

§  DIP - Cash Collateral Motion

§  DIP - Cash Collateral Interim Order

 

§  DIP - Cash Collateral Final Order

§  Executive Affidavit

 

§  Insurance Coverage Motion

§  Insurance Coverage Order

§  Interim Compensation Motion

§  Interim Compensation Order

§  Investment Banker Application

§  Investment Banker Order

§  Joint Administration Motion

§  Joint Administration Order

§  Key Suppliers Motion

§  Key Suppliers Order

§  OCP Motion

§  OCP Order

§  Shippers Motion

§  Shippers Order

§  Taxes Motion

§  Taxes Order

§  Utilities Motion

§  Utilities Interim Order

 

§  Utilities Final Order

§  Wages and Benefits Motion

§  Wages Bridge Order

 

§  Wages and Benefits Final Order

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