Prepackaged

Prepackaged Chapter 11 Case Overview

As part of our approach to comprehensive services, we custom craft our support solutions based on the chapter 11 case type and company situation in order to provide maximum resources for cost efficiency and effectiveness on each issue. 

  • We appreciate that prepackaged cases face extraordinary time and resource challenges because of simultaneous pre-petition disclosure statement, plan solicitation and preparation of first day pleadings. 
  • We know that while a prepackaged solicitation's class structure has fewer voting classes, all voting pre-petition, it will still require fulfillment of all standard chapter 11 solicitation procedures.  
  • We know that certain jurisdictions eliminate the need for certain post petition chapter 11 compliance depending on the timing and resolution of the confirmation of the plan. 
  • We appreciate distinctions between prepackaged and prearranged cases and can provide procedural understanding, clarity and resolution in the services we provide throughout the life of the case.   

With a prepackaged chapter 11 case, we will provide administrative professionals who will simultaneously support case preparation and pre-petition solicitation.  We will also proactively prepare for all immediate post petition bankruptcy code and court ordered compliance activities - which may or may not be necessary depending on the jurisdiction - schedules and statements, the 341 meeting, claims and suggestions of bankruptcy.

Phase Eleven's experienced professionals have the knowledge, skills and abilities to reactively respond with proactive work product to prepackaged chapter 11 cases.

Prepackaged Chapter 11 Case Professional Activities 

For instance, we appreciate that in a prepackaged chapter 11 case during:

Pre-petition:

  • Attorneys and advisors will focus on simultaneous preparation for chapter 11 pleadings, solicitation execution and tabulation, stabilization of company operations efforts and debt compliance. 
  • Phase Eleven administrative resources and service teams will concentrate efforts on: pre-petition class solicitation and tabulation; assembly and preparation of consolidated list of creditors; assembly and preparation of equity holders lists; preparation of contact information for pleading exhibit lists; coordinating lien search results review and summary; preparing first day creditor communications; noticing logistics; Relational Restructuring Database custom webpages and library support; due diligence database organization; and post petition proactive project management planning.

Post Petition:

  • Attorneys and advisors will focus on a rapid pace restructuring, seeking to confirm the accepted plan of reorganization within months of the chapter 11 filing.  They will simultaneously focus on plan confirmation preparation and chapter 11 compliance issues,  resolve outstanding creditor disputes, and move toward plan confirmation.
  • Phase Eleven administrative resources and service teams will concentrate efforts on supporting: solicitation certification filing, case administration compliance and dates--i.e. case management orders and critical dates; schedules and statements processing (if necessary); claims processing and resolution (if necessary); data organization and reference--i.e. document production; diligence support support--asset disposition; business operating restructuring efforts--i.e. asset sales and contract rejection; noticing, and all additional company restructuring efforts which require administrative assistance.

Post Confirmation:

  • Attorneys and advisors will focus on responding to lesser estate administrator and creditors committee issues than in a traditional chapter 11 case because the majority of creditors are in agreement with the restructuring.  Estate professional issues relate to claims objection, recovery of funds and unwinding of remaining estate assets to maximize remaining recovery to estate creditors through a combination of business operations, case administration, claims objection, disbursement and estate litigation.
  • Phase Eleven administrative resources and service teams will concentrate efforts on supporting the estate administrator in: providing supporting documentation and claims information for payment reports to the creditors committee for preference payment litigation; initiating and conducting estate claims disbursement reports, class treatment and calculations, processing logistics, creditor inquiry and unclaimed funds tracking; and noticing for all filed pleadings.

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 for prepackaged cases and is ready to take on your chapter 11 challenges. 

Founder's Prepackaged Casework Experience-DJK Residential, LLC

In re DJK Residential, Case No. 08-10375, United States Bankruptcy Court for the Southern District of New York, Filed February 5, 2008, Confirmed May 7, 2008.

Founder's casework responsibilities which align with Phase Eleven case work include, but are not limited to: assisting with pre-petition solicitation class preparation and processing; preparing first day notice lists and creditor lists; assembly and organization of debtor legal entities; coordinating filing and service of process for filed pleadings; responding to creditor telephone and email inquiries; reviewing, analyzing, revising and coordinating filing of schedules and statements of financial affairs; claims objection reporting, filing, service of process and response tracking; creditor claims settlement; and litigation case administration processing.

Request a presentation of our comprehensive chapter 11 case solutions to conquer your chapter 11 challenges.