Facilitator Guide
Chapter 11 Plans
Facilitator Guide
Chapter 11 Plans
- Topic
- Restructuring
- Duration
- Format
- Remote or in person
What’s covered
- Mandatory provisions of plans
- Discretionary provisions of plans
Before the session
Prepare the Attendees
Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.
https://www.hotshotlegal.com/trainings/chapter-11-plans/attendee
Prepare Yourself
Watch the videos and read the exercise so you’re familiar with the Hotshot material.
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Course
A walkthrough of a sample Plan of Reorganization to show what’s in them and why, with explanations of the mandatory and discretionary plan provisions of Section 1123 of the Bankruptcy Code. Explains concepts like class designations and treatment, death trap provisions, and plan implementation.
During the session
Ask attendees these questions to ensure they understand the topic:
- What limitations are there on how a plan designates classes of claims and interests?
- What does it mean for a class to be “unimpaired”, and what if anything does a plan have to state about unimpaired classes?
- What does a plan need to state about impaired classes?
- What are “death trap” provisions and why are they used?
- Can a plan treat one claim in a particular class differently than other claims?
- What are some discretionary provisions that may be included in plans?
Part 2: Group Exercise
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the session
About Hotshot
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