Limiting the Effect of BAPCA

This article first discusses In re Dana Corp., 351 B.R. 96 (Bankr. S.D.N.Y. 2006)('Dana I'), in which the Southern District of New York bankruptcy court denied a debtor's proposed employee 'incentive' program. The article then highlights the differences between the program proposed in Dana I and the program approved by the Southern District of New York in In re Dana Corp., 2006 WL 3479406 (Bankr. S.D.N.Y. 2006) ('Dana II'). Finally, this article proposes options other than those utilized in the foregoing cases that might be available to bankruptcy practitioners in need of a way to ensure that their clients' top executives do not walk out the door.

32 minute read April 27, 2007 at 03:41 PM

Law.com Staff

I once knew a senior executive of a debtor client who was well known within our bankruptcy practice for wanting nothing more from his/her company's Chapter 11 case than court approval of the company's key employee retention program.

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Limiting the Effect of BAPCA

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Applying the Zero Trust Model to Manage Risks of Agentic AI

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