Legal Question in Bankruptcy in Tennessee
regarding funding of public co. while in bankruptcy
once a public company has a filed petition of involu. bankrutcy against it, can that company still do private placements without the permission of the courts or is notification needed before doing the private placement. what code governs this, (debtor in possession)? from what date does the company need to start to request the courts permission? i am looking for the proceedures that should followed. thank you
1 Answer from Attorneys
Re: regarding funding of public co. while in bankruptcy
Typically, a debtor in an involuntary bankruptcy is seeking a very quick determination of its status, thus the situation of having to seek permission to operate does not usually come up. Generally, a Chapter 11 debtor needs judicial permission to liquidate any of its assets, but not typically to handle most of its everyday transactions. This case is governed by Title 11 of the United States Code, which is the bankruptcy code and can be found online at any number of locations.
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