Lawyers representing mortgage creditors, car creditors and unsecured creditors in consumer chapter 7 and 13 cases are familiar with the routine actions they can take to protect their clients (e.g., move to lift the stay, file proofs of claims and analyze disposable-income issues). But what actions can they take to protect their clients when an individual or small business debtor files chapter 11? What strategies and considerations should secured creditors use to decide whether to move to lift the stay? How active should unsecured creditors be in a chapter 11 before the debtor files a plan of reorganization? What strategies and considerations go into creditors’ evaluations of and voting on the debtor’s plan of reorganization? What initial issues do creditors’ attorneys need to think about when they receive notice of a chapter 11 petition, and how do these issues differ from the initial issues they need to think about when they receive a notice of a chapter 7 or 13 petition? Are proofs of claims handled differently in chapter 11, and if so, how? How do you explain the options to your client and manage your client’s expectations in chapter 11 so that they understand the potential costs and time involved?
Hon. Steven W. Rhodes Consumer Bankruptcy Conference 2017