Course | Columbia Law School

In this course we will examine: (1) the legal and financial issues that result from operational distress as they relate to restructuring and rehabilitation of business debtors and the interests of economic stakeholders, including creditors and other parties in interest; (2) the options that may be available to a distressed business entity to restructure and reorganize its business in conformity with the provisions for corporate and business reorganization under the United States Bankruptcy Code; (3) the requirements for statutory reorganization under the Bankruptcy Code, including the absolute priority rule, involuntary imposition of a reorganization upon creditors and stockholders (cramdown), disclosure, financing, equitable subordination, asset sales, and substantive consolidation of holding and operating companies; (4) the effect of the Bankruptcy Code provisions upon pre-bankruptcy financing transactions; (5) the fiduciary and ethical standards applicable to restructurings and reorganization; (6) the impact of the extensive use of high-yield debt and distressed debt trading upon Chapter 11 reorganization cases; (7) the role of debtors, professionals, creditors, officers, directors, and other parties in interest in the context of restructuring and reorganization situations prior to and during Chapter 11 reorganization cases; and (8) the philosophy, principles, and policies underlying business reorganizations of distressed business entities.