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Last RightsLiquidating a Company$
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Ben S. Branch, Hugh M. Ray, and Robin Russell

Print publication date: 2007

Print ISBN-13: 9780195306989

Published to Oxford Scholarship Online: May 2007

DOI: 10.1093/acprof:oso/9780195306989.001.0001

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 Liquidating in Chapter 11

 Liquidating in Chapter 11

(p.26) 3 Liquidating in Chapter 11
Last Rights

Dr. Ben S. Branch (Contributor Webpage)

Hugh M. Ray

Robin Russell

Oxford University Press

This chapter explains the liquidation of a business in a proceeding under Chapter 11 of the United States Bankruptcy Code using a liquidating plan of reorganization. The negotiation, confirmation, and implementation of a liquidating plan — sometimes referred to as a “pot plan” — together with the substantial advantages of liquidating under such a plan are discussed. Vehicles for managing the liquidation, such as liquidating trusts and limited liability companies, are outlined. The central focus is on the duties, powers, oversight, and compensation of the liquidator under the plan. This person is often referred to as the liquidating trustee.

Keywords:   liquidating plan, liquidating trustee, oversight, reorganization plan, confirmation, pot plan, negotiation

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