Congress designed Chapter 11 to be flexible to promote the twin goals of rehabilitating distressed businesses and maximizing stakeholder returns. 1 Several recent decisions from the U.S. Bankruptcy Court and District Court for the District of Delaware highlight how Chapter 11’s inherent flexibility...
Payment of professionals in Chapter 11 is a complex process intended to ensure transparency and fairness. It can also be a maze filled with traps for the unwary. Professionals for the estate are required to have their engagement approved by the court at the beginning of the case and then to have...