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Brent Blanchard
Brent Blanchard, Attorney
Category: Legal
Satisfied Customers: 1905
Experience:  Twelve years of experience in estate planning and probate, consumer bankruptcy, and business law.
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require a attorney to handle request for releif from chap 11

Customer Question

require a attorney to handle request for releif from chap 11 debtor Agent for the sale of AMR shares.
Submitted: 1 year ago.
Category: Legal
Expert:  Brent Blanchard replied 1 year ago.
Thank you for your question.

Sorry to hear about the situation.

Do you remember that the Terms of Service here do not allow Experts to represent Customers as Clients?

We can point you to an attorney referral service, but also cannot refer Customers to any specific attorney.

Other types of questions are fair game. There may be some attorneys willing to take "unbundled" cases where they do less than full-blown representation (consultation, research, perhaps document drafting for the brave souls who want to do the rest themselves).

Please let me know how you want to proceed. California has more referral services (including private ones), many of which include sub-specialties of the law.
Customer: replied 1 year ago.

Notice of revised final order from Chapter 11 Case No.11-15463 (SHL) cites: "Any person desirous of acquiring or transferring AMR Stock or claims restricted by this revise order may request relief for cause at any time and Debtors may oppose such relief."


 


Question: What is the procedure and/or what are the forms needed to request for relief?

Expert:  Brent Blanchard replied 1 year ago.
Thank you.

If you have not yet received or reviewed this, please do for an overview of the situation as it applies to stockholders. It was updated last month: http://www.aa.com/edgedownloads/restructuring/Investors.pdf

It would appear that the automatic stay in bankruptcy is in this case being extended to equity holders of the company, rather than just the ordinary creditors. There is a difference between debt financing (buying a corporate bond) and equity financing (buying stock). Co-owners are not creditors of a business in Chapter 11.

Unfortunately, there are no "standard" fill-in-the-blank forms for relief from the Stay in bankruptcy, like there are in many civil practice areas in California state courts. It's not just because BK is a federal thing, either.

The procedure is to make a motion for relief from the stay (or just the order, if that case has a peculiarity where it is the court's inherent power to manage cases being invoked rather than the automatic stay provisions of the BK Code being used as authority for the Order--not having it I cannot say for sure).

A hearing is scheduled by calling the court clerk and seeing what dates are available enough days AFTER service of the proposed motion.

The motion is filed with the Court, and served on the debtor and the creditors AND on anyone who has filed a request for notice in the case. Check with the court clerk on whether all creditors are being served by the court electronically, or if you need to electronically serve them, or if you need to snail mail everything to everyone. Even in electronic service, there are usually a few parties/stakeholders who need to get things by mail.

The motion can be brief, but must have the case caption, the motion itself, and some citation to law and/or court case of the reason(s) why the relief requested can properly be granted. The specifics will depend on the reasons behind the order restricting transfer of the stock in your case. The citation elements are put into a Memorandum of Law (or "Points and Authorities") at the end of the motion, and takes a few pages usually. Then it is dated and signed.

A notice of hearing also needs to be prepared and served on everyone. They are usually sent out at the same time where I practice. I thought THAT one has a form, but there is none on the national level and nothing found for the Southern District of NY in its local forms section. The notice needs to look like this, but of course would reference YOUR motion and procedural history rather than what relates to the details of a final report: http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_08_Director/Form_270_0807.pdf

Here is a local form for Nevada on a notice of hearing: http://www.nvb.uscourts.gov/downloads/forms/NV_9014(NtcHrg_LV-12-09).pdf

During the time between filing and noticing the hearing, anyone has 10 business days to file an opposition. IF there is an opposition, the moving party has five business days to file a reply, saying why the opposition fails to give a good reason to deny the relief requested.

Then comes the hearing. Many judges insist on a hearing even when there is no opposition, so un-represented parties or those who failed to protect their rights still have a chance to speak up--which might under the rules be limited to saying nothing more than they object, since they missed the deadline to file a proper written opposition. Or the judge will continue the hearing for two to four weeks to give the person a chance to get it all together and filed, purely an act of discretionary mercy.

Then comes the hearing date and if granted, the person asking for relief might need to write and submit the proposed order. Some judges (not that common) prefer to do their own orders on smaller, uncontested things.

Anything more detailed would require that I get a copy of the order, and fishing for that would probably take me at least 15 minutes (it's a huge case) if I don't have the date it was entered, and would have to be a separate question.

Thank you.

BAB.

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