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Section 923 of the Bankruptcy Code requires notice of (1) the commencement of the case, (2) an order for relief, and (3) any dismissal of the case. Section 923 further provides that such notice shall be given by publication “at least once a week for three successive weeks in at least one newspaper of general circulation within the district in which the case is commenced, and in such other newspaper having general circulation among bond dealers and holders as the court designates.”

This section includes the “Notice of the Commencement of the Case” from a variety of cases. That notice generally also includes the notice of the automatic stay and notice of the time for filing objections to the petition. It also may include notice and procedure related to other matters, such as the filing of proofs of claim and motion and hearing procedures.

This page also includes documents related to the required publication of notices and the use of websites for noticing purposes.

Notice and Websites is one of several Chapter 9 Online Repository categories.

This page includes case-management orders from several cases. The “Notice of the Commencement of the Case” may include notice and procedure related to matters such as filing objections to the petitions and filing proofs of claim. See also Notice and Websites

Case-Management Orders is one of several Chapter 9 Online Repository categories.

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In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first three annual reports pursuant to 12 U.S.C. § 5382(e) on July 21, 2011 (First Report), July 17, 2012 (Second Report), and July 19, 2013 (Third Report). The AOUSC submits this report in compliance with the directive of section 5382(e). Beginning in July 2015, the AOUSC is required to submit reports every five years. This report to Congress was prepared with the assistance of the Federal Judicial Center.

After an introduction in Part I, the report proceeds as follows:

  • Part II provides an executive summary of the report’s primary research, findings, and analysis.
  • Part III describes the AOUSC’s mandate under section 5382(e) of the Act and briefly summarizes the First, Second, and Third Reports, as well as the scope of this fourth report.
  • Part IV focuses on the key issue explored in this report: the provisions of the U.S. Bankruptcy Code that permit a debtor to sell all or substantially all of its assets in a chapter 7 or chapter 11 bankruptcy case. The report reviews critiques of these provisions, including proposals for reform recommended by the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (ABI Commission), and compares them to similar mechanisms for resolving financial distress through transfers under the Act and certain bills introduced in both houses of Congress in 2014. The latter mechanisms are commonly referred to as “single point of entry” proposals. This section also describes and utilizes certain original empirical data generated by the Federal Judicial Center (FJC) for purposes of the AOUSC reports under the Act.
  • Part V synthesizes the various proposals for rehabilitating or resolving a distressed company through a sale process.
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Consumer Bankruptcy Law: Chapters 7 & 13 describes the statutory framework for bankruptcy relief under the Bankruptcy Code and analyzes the fundamental issues that arise in bankruptcy litigation. The monograph explains how bankruptcy cases proceed, including filing, debtor duties, automatic stay, damages, the estate, exemptions, and claims. It also examines circuit splits, as well as unsettled issues as a result of BAPCPA. Decisions of the bankruptcy courts, district courts, and courts of appeals are covered through December 31, 2014. Supreme Court case law is included through the October 2013 term.

Available Online Only

In response to the global economic turmoil that began in late 2007, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Act) introduced a broad array of regulatory reforms in the financial sector. This report focuses on the reforms in Title II of the Act, which are intended to mitigate risks posed by the failure of systemically important financial institutions. Title II directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of these institutions and report on its findings. The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (First Report), and its second report on July 17, 2012 (Second Report). The AOUSC now submits this third report in compliance with section 202(e). This report to Congress was prepared with the assistance of the Federal Judicial Center.

Available Online Only

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“the Act”) introduced a broad array of regulatory reforms in the financial sector. Among those reforms is Title II of the Act, which provides a process for the identification and orderly liquidation of distressed, systemically important financial institutions. Title II also directs the Administrative Office of the United States Courts (AOUSC) to study the resolution of distressed financial institutions under Title 11 of the United States Code (the Bankruptcy Code). The AOUSC submitted its first report pursuant to section 202(e) of the Act on July 21, 2011 (“First Report”). The AOUSC now submits this second report in compliance with section 202(e)’s instruction that it summarize the results of its study in a report “[n]ot later than 1 year after the date of enactment of th[e] Act [and] in each successive year until the third year.” This report to Congress was prepared with the assistance of the Federal Judicial Center.

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The economic turmoil that affected the global economy and markets beginning in late 2007 is well documented. This report does not seek to restate those events or evaluate the potential causes of the resulting recession. Rather, this report is forward-looking and considers the existing statutory schemes for resolving any future distress at bank holding companies and nonbank financial institutions. Specifically, it analyzes Title 11 of the United States Code (the “Bankruptcy Code”; a list of capitalized defined terms used herein is set forth at Appendix A) and Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Act”). The Administrative Office of the United States Courts (“AOUSC”) submits this report pursuant to section 202(e) of the Act. This report to Congress was prepared with the assistance of the Federal Judicial Center.

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