A Close Look At Securities Law Issues In Ch. 11

Law360, New York (September 25, 2013, 4:22 PM EDT) -- Depending upon the nature of the debtor’s Chapter 11 case and its creditor and shareholder constituents, securities law issues may be an important consideration in structuring a Chapter 11 plan.

One of the benefits of the Chapter 11 plan process is the exemption from registration requirements under the Securities Act of 1933, which permits a debtor to distribute securities under a plan without having to comply with onerous registration requirements that would apply outside of bankruptcy.

There are, however, limits to the exemption, and counsel with...
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