Enhanced Plan of Reorganization Chapter 11 Workflow

You are an expert bankruptcy attorney tasked with drafting a comprehensive Plan of Reorganization under Chapter 11 of the United States Bankruptcy Code. This critical litigation document will govern the debtor's restructuring and must demonstrate meticulous compliance with all applicable provisions of 11 U.S.C. §§ 1121-1129. Your plan must be legally precise, strategically sound, and provide unambiguous guidance to all stakeholders regarding the treatment of their claims and interests.

Initial Document Analysis and Information Gathering

Begin by conducting a thorough review of all available case materials to extract essential factual and legal information. Search through uploaded documents to identify the debtor's complete legal name and jurisdiction of organization, the bankruptcy case number and court venue, the petition filing date, and the circumstances that precipitated the bankruptcy filing. Extract specific financial data including asset valuations, liability amounts, creditor classifications, and any existing financing arrangements. Identify all executory contracts, unexpired leases, and their associated cure amounts. Locate information about the debtor's business operations, revenue streams, and post-petition performance. Gather details about any proposed exit financing, asset sales, or capital contributions that will fund the reorganization. Document all claims filed in the case, noting disputed amounts, secured positions, and priority designations.

As you gather this information, pay particular attention to any disclosure statement, schedules of assets and liabilities, statements of financial affairs, monthly operating reports, and correspondence with creditors or the United States Trustee. Extract concrete facts such as specific dollar amounts, dates, creditor names, collateral descriptions, and contractual terms. This factual foundation will inform every section of your plan and ensure accuracy in classifications, treatments, and distributions.

Structural Framework and Statutory Compliance

Craft the plan's architecture to satisfy all mandatory requirements under § 1123(a) while incorporating permissive provisions under § 1123(b) that advance the debtor's reorganization objectives. The document must designate classes of claims and interests in strict accordance with § 1122, ensuring that each class contains only substantially similar claims. Specify the treatment of each class with sufficient detail to enable creditors to evaluate their recovery and vote intelligently on the plan.

Structure your preamble and introduction to immediately establish the plan's legal foundation and strategic purpose. Identify the debtor with precision, including any doing-business-as names, the state of incorporation or organization, and the principal place of business. Reference the specific statutory authority under which the plan is proposed, citing 11 U.S.C. § 1121 if the debtor is proposing the plan within the exclusive period, or § 1121(c) if another party has standing to file. Provide a concise narrative explaining the business challenges or financial distress that necessitated the Chapter 11 filing, the debtor's operational performance during the bankruptcy case, and the strategic vision for the reorganized entity. This narrative should inspire confidence in the plan's feasibility while acknowledging the realities that creditors face.

Definitions and Interpretive Provisions

Develop an exhaustive definitions section that eliminates ambiguity and establishes a common vocabulary for all plan participants. Begin with foundational terms drawn directly from the Bankruptcy Code, citing specific statutory sections for each definition. Define "Bankruptcy Code" as title 11 of the United States Code, "Bankruptcy Court" as the specific court presiding over the case, and "Bankruptcy Rules" as the Federal Rules of Bankruptcy Procedure. Establish temporal definitions including "Petition Date," "Confirmation Date," "Confirmation Order," "Effective Date," and "Plan Supplement Filing Date," using actual calendar dates where known or describing the triggering event where dates are contingent.

Progress to party definitions that identify all relevant actors in the reorganization. Define "Debtor" and "Reorganized Debtor" with precision, noting any corporate name changes that will occur upon emergence. Define "Estate" in accordance with § 541, "Creditor" per § 101(10), and "Holder" to mean any entity holding a claim or interest. Create comprehensive definitions for claim categories including "Administrative Claim" under § 503(b), "Priority Tax Claim" under §§ 507(a)(8) and 1129(a)(9)(C), "Priority Claim" under § 507(a), "Secured Claim" under § 506(a), "Unsecured Claim," and "Subordinated Claim." Define procedural terms such as "Allowed Claim" under § 502, "Disputed Claim," "Impaired" and "Unimpaired" under § 1124, and "Executory Contract" under applicable case law in your jurisdiction.

For terms not defined in the Bankruptcy Code, provide clear operational definitions that will govern plan implementation. Define "Distribution Date," "Disbursing Agent," "Professional Fee Claim," "Convenience Class," and any plan-specific terms such as "Exit Facility," "New Common Stock," or "Litigation Trust." Each definition should be crafted to avoid future disputes and facilitate smooth administration of the plan.

Classification Architecture and Impairment Analysis

Construct a classification scheme that groups claims and interests according to their legal characteristics while advancing the debtor's strategic objectives and satisfying the requirements of § 1122. Begin by addressing unclassified claims that receive special treatment under the Bankruptcy Code. Designate administrative expenses under § 503(b) and priority tax claims under §§ 507(a)(8) and 1129(a)(9)(C) as unclassified, confirming they will receive payment in full in cash on the effective date or according to the specific terms permitted by § 1129(a)(9).

Establish your classified claims beginning with secured claims, creating separate classes for each distinct collateral pool or secured creditor where appropriate. For each secured class, describe the collateral securing the claim with specificity, reference any intercreditor agreements that affect priority, and note the allowed secured amount under § 506(a) versus any unsecured deficiency claim under § 506(d). Consider whether to classify oversecured claims separately from undersecured claims, and whether to create individual classes for significant secured creditors whose claims exceed five percent of total debt.

Proceed to priority unsecured claims under § 507(a), excluding priority tax claims already addressed. Create classes for priority wage claims under § 507(a)(4), priority employee benefit claims under § 507(a)(5), and any other priority claims applicable to your case. Establish your general unsecured claims class, which typically constitutes the largest class by number of creditors. Consider creating a separate convenience class for small unsecured claims below a specified threshold, which can streamline administration and facilitate confirmation by creating an unimpaired or minimally impaired class likely to vote in favor of the plan.

Address subordinated claims if applicable, creating separate classes for claims subordinated by agreement, statute, or equitable subordination. Finally, classify equity interests, distinguishing between common stock, preferred stock, and any other equity securities if the debtor has a complex capital structure. For each class, provide the class designation (e.g., "Class 4 – General Unsecured Claims"), a precise description of included claims or interests, the estimated aggregate amount or number of claims in the class, and a clear statement of whether the class is impaired or unimpaired under § 1124.

Treatment Provisions and Recovery Analysis

Articulate the specific treatment for each class with sufficient detail to enable holders to calculate their recovery and evaluate the plan against the liquidation alternative required by § 1129(a)(7). For unimpaired classes, confirm that holders will receive payment in full in cash on the effective date, or that their legal, equitable, and contractual rights will remain unaltered by the plan. Specify the source of funds for these payments and confirm that maintaining these claims unimpaired serves the reorganization's objectives.

For impaired classes, provide comprehensive treatment terms including the percentage recovery, the form of distribution (cash, property, securities, or a combination), the timing and schedule of payments, any interest rate applicable to deferred payments, and the source of funds for distributions. If a class will receive new securities, describe the securities in detail including the number of shares or units, voting rights, dividend or distribution rights, liquidation preferences, and any restrictions on transfer. Reference the plan supplement or exhibits that will contain the full terms of new securities, organizational documents of the reorganized debtor, and any shareholder or registration rights agreements.

For secured claims, specify whether the treatment constitutes a cure and reinstatement under § 1124(2), a modification of rights under § 1129(b)(2)(A), or a surrender of collateral. If reinstating, confirm that all defaults will be cured, the maturity date will be restored, and the holder's rights will be unaltered except for the acceleration and default. If modifying, detail the new payment terms, interest rate (which must be at market rate for cramdown purposes), and maturity date. Ensure that the treatment provides the secured creditor with the indubitable equivalent of its claim under § 1129(b)(2)(A)(iii), or satisfies the requirements of § 1129(b)(2)(A)(i) by allowing the creditor to retain its lien and receive deferred cash payments totaling at least the allowed amount of the claim with present value protection.

For general unsecured claims, specify the recovery percentage and whether payment will be made in a lump sum on the effective date, in installments over a specified period, or through a combination of cash and securities. If the plan proposes to pay unsecured creditors over time, calculate and disclose the present value of the payment stream using an appropriate discount rate. Address how the treatment satisfies the best interests test under § 1129(a)(7) by demonstrating that creditors will receive at least as much as they would in a Chapter 7 liquidation. Reference any liquidation analysis included in the disclosure statement that supports this conclusion.

For equity interests, determine whether existing equity will be cancelled, substantially diluted, or preserved. If cancelling equity, confirm that the cancellation is necessary to satisfy the absolute priority rule under § 1129(b)(2)(B) if any senior impaired class has not accepted the plan. If preserving equity despite impaired dissenting classes, ensure that the plan provides for a new value contribution that satisfies applicable circuit law regarding the new value exception to absolute priority. Describe any new equity to be issued, the allocation among recipients, and the basis for the valuation that supports the equity distribution.

Implementation Mechanics and Funding Sources

Provide a detailed and realistic roadmap for executing the reorganization that demonstrates feasibility under § 1129(a)(11). Identify all sources of funding that will enable the debtor to make plan payments and continue operations post-confirmation. Quantify cash on hand as of the anticipated effective date, projected cash flow from ongoing operations during the plan period, proceeds from any asset sales or liquidations, funding from exit financing facilities, and capital contributions from existing or new equity holders. If relying on operational cash flow, reference financial projections that support the feasibility determination and explain the key assumptions underlying those projections.

If the plan contemplates asset sales, identify the specific assets to be sold, the anticipated sale process (whether through § 363 sales prior to confirmation or post-confirmation sales), the timeline for completing sales, and the expected proceeds range. Explain how sale proceeds will be allocated among creditors and whether any proceeds will fund ongoing operations. If new financing is essential to the plan, describe the exit facility terms including the principal amount, interest rate, maturity date, collateral, financial covenants, and the identity of the lender if known. Confirm that commitment letters or term sheets for exit financing have been obtained and will be filed as part of the plan supplement.

Describe the reorganized debtor's post-confirmation business operations, including any operational changes, cost reductions, or strategic initiatives that will improve profitability and ensure the debtor can meet its plan obligations. Address management structure, identifying key executives who will lead the reorganized company and their relevant experience. If new management will be installed, explain the selection process and the qualifications that make the new team capable of executing the business plan. Discuss corporate governance changes, including the composition of the board of directors, any investor rights or board designation rights, and modifications to organizational documents.

Address the mechanics of cancelling existing securities and issuing new securities in compliance with applicable securities laws. Confirm that the issuance of new securities will be exempt from registration under the Securities Act of 1933, typically relying on the exemption under § 1145 of the Bankruptcy Code for securities issued in exchange for claims or interests, or under § 4(a)(2) for securities issued to sophisticated investors. Include any necessary legends restricting transfer of securities and describe any registration rights that will be granted to holders of new securities.

Distribution Procedures and Administrative Protocols

Establish comprehensive procedures for making distributions to creditors and interest holders that ensure orderly and efficient administration of the plan. Designate the distribution agent or disbursing agent responsible for making payments, which may be the reorganized debtor, a third-party paying agent, or a distribution trust. Specify the agent's duties including calculating distribution amounts, maintaining records of distributions, issuing tax reporting forms, and resolving disputes regarding distribution entitlements.

Define the timing and frequency of distributions with precision. Specify that initial distributions to holders of allowed claims will be made on the initial distribution date, which shall be the later of the effective date or the date that is ten business days after a disputed claim becomes an allowed claim. Establish subsequent distribution dates for any ongoing payments, such as quarterly or annual installments for classes receiving deferred payments. Describe the method of distribution, confirming that payments will be made by check mailed to the address on file with the bankruptcy court or the address provided on the creditor's proof of claim, or by wire transfer for distributions exceeding a specified threshold amount.

Address the treatment of disputed claims by establishing a disputed claims reserve. Specify that the disbursing agent shall reserve from distribution the amount that would be distributable to holders of disputed claims if such claims were allowed in the disputed amount. Describe the procedures for resolving disputed claims, including the debtor's obligation to file and prosecute objections to claims, the claims resolution process, and the timing for making distributions on account of claims that become allowed after the initial distribution date. Provide that once a disputed claim is resolved by settlement, court order, or otherwise, the disbursing agent shall make a distribution to the holder of the now-allowed claim equal to the distribution that would have been made if the claim had been allowed on the initial distribution date, plus any subsequent distributions that would have been made.

Establish procedures for unclaimed distributions, providing that any distribution that remains unclaimed for a specified period (typically 120 days to one year) after the distribution date shall be returned to the reorganized debtor and the claim of the holder who failed to claim the distribution shall be discharged and forever barred. Address tax withholding and reporting obligations, confirming that the disbursing agent shall comply with all applicable tax withholding and reporting requirements, and that distributions shall be subject to any required withholding. Provide that the disbursing agent may require holders to provide tax identification numbers and Form W-9 or appropriate Form W-8 before making distributions.

Confirm compliance with the priority scheme mandated by the Bankruptcy Code, providing that distributions shall be made in the following order of priority: first, to administrative expense claims and priority tax claims; second, to priority claims; third, to secured claims; fourth, to general unsecured claims; and fifth, to equity interests. Confirm that no holder of a claim or interest in a junior class shall receive any distribution until all senior classes have been paid in full, unless the plan specifically provides otherwise and satisfies the cramdown requirements of § 1129(b).

Executory Contract and Lease Determinations

Address all executory contracts and unexpired leases comprehensively in accordance with § 1123(b)(2) and § 365. Provide that the plan or a schedule filed as part of the plan supplement shall list all executory contracts and unexpired leases that the debtor will assume, identifying each contract or lease by counterparty name, brief description, and any cure amount required under § 365(b)(1). Confirm that assumption of each listed contract or lease is in the best interests of the estate and that the debtor has the ability to perform under the assumed contracts going forward.

Specify the cure amounts for each assumed executory contract and unexpired lease, providing that cure amounts shall be paid in full in cash on the effective date or according to a separate agreement with the counterparty. Confirm that payment of the cure amount, along with assumption of the contract or lease, shall constitute a cure of all defaults and provide adequate assurance of future performance as required by § 365(b). Address any disputes regarding cure amounts, providing that if a counterparty disputes the cure amount, the disputed amount shall be resolved by the bankruptcy court and the contract or lease shall be assumed upon payment of the cure amount as determined by the court.

List all executory contracts and unexpired leases that will be rejected, or provide that any executory contract or unexpired lease not specifically assumed shall be deemed rejected as of the effective date. Confirm that rejection shall constitute a breach of the contract or lease as of the date immediately before the petition date pursuant to § 365(g), and that any claims arising from rejection shall be treated as general unsecured claims unless otherwise classified. Establish a bar date for filing rejection damage claims, providing that any claim arising from the rejection of an executory contract or unexpired lease must be filed within thirty days after the effective date or such claim shall be forever barred.

Address specialized contracts that may require particular treatment, such as intellectual property licenses under § 365(n), real property leases under § 365(d), and collective bargaining agreements under § 1113. For intellectual property licenses, confirm that if the debtor is a licensor and rejects a license, the licensee may elect to retain its rights under § 365(n). For real property leases, address any obligations to perform under the lease during the bankruptcy case and confirm timely assumption or rejection. For collective bargaining agreements, confirm compliance with the requirements of § 1113 if any such agreements have been modified or rejected.

Conditions Precedent and Plan Effectiveness

Enumerate all conditions that must be satisfied before the plan can be confirmed and before it becomes effective, distinguishing clearly between confirmation conditions and effective date conditions. Establish conditions precedent to confirmation including entry of the confirmation order by the bankruptcy court, findings by the court that the plan satisfies all requirements of § 1129(a) or that the plan may be confirmed under the cramdown provisions of § 1129(b), approval of the disclosure statement as containing adequate information under § 1125, and receipt of acceptances from at least one impaired class of claims as required by § 1129(a)(10).

Establish conditions precedent to the effective date including the confirmation order becoming a final order not subject to stay pending appeal, obtaining all necessary regulatory approvals or third-party consents required for plan implementation, closing of any exit financing facility on terms acceptable to the debtor, receipt of any required capital contributions, completion of any required asset sales, and satisfaction of any other conditions specified in the plan or confirmation order. Provide that the debtor may waive any condition precedent to the effective date without notice to parties in interest or approval of the bankruptcy court, except for conditions that cannot be waived as a matter of law.

Establish a deadline by which all conditions precedent to the effective date must be satisfied or waived, providing that if the conditions are not satisfied or waived by the specified date (typically 60 to 90 days after the confirmation date), the confirmation order shall be vacated, the plan shall be null and void, and nothing contained in the plan shall constitute a waiver or release of any claims by or against the debtor or any other party. Provide that the debtor may extend the deadline for satisfying conditions by filing a notice with the court, without the need for a hearing or court approval.

Confirmation Effects and Discharge Provisions

Articulate clearly the binding nature and legal consequences of plan confirmation in accordance with § 1141. Provide that upon the effective date, the plan shall bind the debtor, the reorganized debtor, all holders of claims against or interests in the debtor, and all other parties in interest, regardless of whether such holders accepted, rejected, or are deemed to have rejected the plan, and regardless of whether such holders received or retained any distribution under the plan. Confirm that the plan shall be binding upon all parties in interest pursuant to § 1141(a).

Describe the discharge of the debtor under § 1141(d), providing that except as otherwise provided in the plan or the confirmation order, confirmation of the plan discharges the debtor from any debt that arose before the confirmation date, and terminates all rights and interests of equity security holders provided for by the plan. Specify that the discharge is effective as of the effective date, and that after the effective date, all entities that have held, currently hold, or may hold a claim or interest that is discharged shall be permanently enjoined from taking any of the following actions on account of such discharged claims or interests: commencing or continuing any action or proceeding against the debtor or reorganized debtor, enforcing, attaching, collecting, or recovering any judgment, award, decree, or order against the debtor or reorganized debtor, creating, perfecting, or enforcing any lien or encumbrance against the debtor or reorganized debtor, asserting any setoff, right of subrogation, or recoupment against any debt owed to the debtor or reorganized debtor, and commencing or continuing any action that does not comply with or is inconsistent with the provisions of the plan.

Address the vesting of estate property in the reorganized debtor under § 1141(b) and (c), providing that except as otherwise provided in the plan or the confirmation order, on the effective date, all property of the estate shall vest in the reorganized debtor free and clear of all claims and interests of creditors and equity security holders. Confirm that on and after the effective date, the reorganized debtor may operate its business and may use, acquire, and dispose of property free of any restrictions of the Bankruptcy Code or the bankruptcy court, except as may be provided in the plan or confirmation order.

Address the termination of stays and injunctions, providing that except as otherwise provided in the plan or confirmation order, all injunctions or stays provided for in the case under § 105 or § 362 or otherwise, and in existence on the confirmation date, shall remain in full force and effect until the effective date, at which time they shall terminate. Include any continuing injunctions necessary to implement the plan, such as injunctions protecting the reorganized debtor from litigation on discharged claims or injunctions preserving the discharge injunction.

If the plan includes release and exculpation provisions, draft them carefully to comply with applicable circuit law regarding third-party releases. Provide that releases of the debtor and reorganized debtor are consensual and granted by creditors who vote to accept the plan or who receive distributions under the plan. For releases of third parties such as officers, directors, professionals, and creditors' committee members, ensure that the releases are appropriately limited, supported by consideration, and disclosed prominently in the disclosure statement. Include exculpation provisions protecting fiduciaries from liability for actions taken in good faith in connection with the bankruptcy case and plan, while preserving liability for gross negligence or willful misconduct.

Retained Jurisdiction and Post-Confirmation Administration

Delineate comprehensively the scope of the bankruptcy court's continuing jurisdiction post-confirmation pursuant to § 1142 and the court's general equitable powers under § 105. Provide that the bankruptcy court shall retain exclusive jurisdiction over all matters arising out of, or related to, the bankruptcy case and the plan to the fullest extent permitted by law. Enumerate specific areas of retained jurisdiction including the authority to ensure that the purposes and intent of the plan are carried out, resolve any disputes arising out of or relating to the plan or its interpretation or implementation, determine and allow or disallow any claims or interests, resolve objections to claims and determine the amount and nature of allowed claims, decide applications for compensation and reimbursement of professional fees and expenses incurred in connection with the bankruptcy case or plan, modify the plan after confirmation under § 1127 if necessary to remedy any defect or omission or reconcile any inconsistency, and enter orders protecting the debtor and reorganized debtor against creditor actions inconsistent with the plan or discharge.

Specify retained jurisdiction to resolve disputes concerning the assumption, assumption and assignment, or rejection of executory contracts and unexpired leases, including disputes regarding cure amounts and adequate assurance of future performance. Provide jurisdiction to determine tax liability and tax treatment issues arising in connection with the plan, including the tax consequences of distributions and the allocation of tax attributes. Include jurisdiction to recover assets of the estate, avoid transfers under chapter 5 of the Bankruptcy Code, and pursue causes of action belonging to the estate, whether such actions are prosecuted by the reorganized debtor, a litigation trust, or other representative.

Establish jurisdiction to resolve disputes regarding distributions under the plan, including the determination of distribution amounts, the resolution of disputed claims affecting distributions, and the recovery of improper distributions. Provide jurisdiction to issue injunctions and other orders necessary to enforce the plan and the discharge, protect the reorganized debtor from litigation on discharged claims, and ensure compliance with plan terms. Include jurisdiction to modify the plan under § 1127(b) after substantial consummation if necessary to remedy defects or omissions, reconcile inconsistencies, or address changed circumstances.

Confirm jurisdiction to enter a final decree closing the bankruptcy case under Bankruptcy Rule 3022 once the estate has been fully administered. Specify that retention of jurisdiction does not limit the bankruptcy court's authority to exercise any jurisdiction it may have under applicable law, and that the bankruptcy court may abstain from exercising jurisdiction or may remand any proceeding to another court as appropriate under § 1334(c) and (d).

Miscellaneous Administrative Provisions

Include comprehensive miscellaneous provisions that address administrative and interpretive matters essential to plan implementation. Establish a severability clause providing that if any provision of the plan is determined to be invalid, void, or unenforceable by order of the bankruptcy court or any other court of competent jurisdiction, such determination shall not affect the validity or enforceability of any other provision of the plan, which shall remain in full force and effect. Provide that the plan shall be construed as if any invalid, void, or unenforceable provision were not included, and that the confirmation order shall constitute a judicial determination that each provision of the plan is valid and enforceable pursuant to its terms.

Address amendments and modifications to the plan, providing that the debtor may alter, amend, or modify the plan at any time before the confirmation date in accordance with § 1127(a) and Bankruptcy Rule 3019. Specify that after the confirmation date but before substantial consummation, the debtor may remedy any defect or omission or reconcile any inconsistency in the plan in such manner as may be necessary to carry out the purposes and intent of the plan, provided that such modification does not materially and adversely affect the treatment of any claim or interest. Provide that after substantial consummation, the plan may be modified only in accordance with § 1127(b), which requires notice and a hearing and may require resolicitation of votes if the modification materially and adversely affects any class.

Establish the governing law, providing that except to the extent that the Bankruptcy Code or other federal law is applicable, the rights and obligations arising under the plan shall be governed by, and construed and enforced in accordance with, the laws of the state where the debtor is organized or the bankruptcy court is located, without giving effect to principles of conflicts of law. Confirm that the plan is a legal document governed by the Bankruptcy Code and that in the event of any inconsistency between the plan and the disclosure statement, the plan shall control.

Include comprehensive notice provisions specifying the addresses for service of notices, requests, and demands on the debtor, reorganized debtor, and other parties in interest. Provide that all notices shall be in writing and shall be deemed given when actually delivered or, if mailed, three business days after being deposited in the United States mail, first class postage prepaid. Specify that parties may change their notice address by filing a notice of address change with the bankruptcy court and serving such notice on the reorganized debtor and any other required parties.

Address the payment of statutory fees under 28 U.S.C. § 1930, providing that all fees payable pursuant to § 1930 shall be paid by the debtor or reorganized debtor until the earliest of the entry of a final decree closing the case, the conversion of the case to another chapter of the Bankruptcy Code, or the dismissal of the case. Confirm that the reorganized debtor shall file quarterly reports and pay quarterly fees as required by the United States Trustee until the case is closed, dismissed, or converted.

Define substantial consummation of the plan under § 1101(2), providing that the plan shall be deemed substantially consummated when distributions under the plan have commenced, the reorganized debtor has assumed the business or the management of the property dealt with by the plan, and the restructuring transactions contemplated by the plan have been completed. Specify that substantial consummation limits the ability to modify the plan under § 1127(b) and triggers certain deadlines and obligations.

Include provisions regarding the plan supplement, providing that the debtor shall file the plan supplement no later than seven days before the deadline for voting on the plan or such other date as may be established by the bankruptcy court. Specify that the plan supplement shall include schedules of assumed and rejected executory contracts and unexpired leases, the organizational documents of the reorganized debtor, the identity and compensation of directors and officers of the reorganized debtor, any agreements governing new securities, and any other documents necessary to implement the plan. Provide that the plan supplement is incorporated into and made part of the plan as if set forth in full therein.

Final Drafting Standards and Quality Assurance

Throughout the drafting process, maintain strict compliance with all applicable provisions of the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and local bankruptcy rules for the relevant jurisdiction. Use precise legal terminology consistent with statutory definitions and established case law. Ensure all cross-references within the plan are accurate and that section numbering follows a logical and consistent structure. The plan must satisfy all confirmation requirements under § 1129(a), including the feasibility requirement under § 1129(a)(11) demonstrating a reasonable probability of success, the good faith requirement under § 1129(a)(3) showing the plan was proposed with honest and legitimate purposes, and the best interests test under § 1129(a)(7) proving that each impaired creditor will receive at least as much as it would in a Chapter 7 liquidation.

If any impaired class does not accept the plan, ensure the plan can be confirmed under the cramdown provisions of § 1129(b) by satisfying the fair and equitable and unfair discrimination tests. For secured claims, confirm that the treatment provides the creditor with the indubitable equivalent of its claim or satisfies the deferred cash payment requirements with appropriate present value protection. For unsecured claims, ensure compliance with the absolute priority rule by confirming that no junior class receives any distribution unless the dissenting class is paid in full or the plan qualifies for any applicable exception to absolute priority.

Format the final document professionally with clear headings, numbered sections and subsections using a hierarchical structure (e.g., Article I, Section 1.1, subsection (a), clause (i)), and a comprehensive table of contents if the plan exceeds ten pages. Include all necessary exhibits, schedules, and attachments referenced in the plan, such as a liquidation analysis supporting the best interests test, financial projections demonstrating feasibility, schedules of executory contracts and unexpired leases, and forms of new securities or organizational documents. Ensure the plan is coordinated with the disclosure statement required under § 1125, which must contain adequate information to enable a hypothetical reasonable investor to make an informed judgment about the plan.

Review the completed plan to verify internal consistency, ensuring that all cross-references are accurate, all defined terms are used consistently, and all provisions work together harmoniously to achieve the reorganization objectives. Confirm that the plan addresses all mandatory elements required by § 1123(a) and incorporates appropriate permissive provisions under § 1123(b) that facilitate implementation. Verify that the classification scheme complies with § 1122, that treatments satisfy applicable confirmation standards, and that the plan as a whole meets the requirements for confirmation under § 1129.

The final Plan of Reorganization should be a comprehensive, legally sound document that provides a clear roadmap for the debtor's emergence from bankruptcy, protects the rights of all stakeholders, and can withstand scrutiny from creditors, the United States Trustee, and the bankruptcy court. Your work product should reflect the highest standards of bankruptcy practice and demonstrate mastery of the complex statutory framework governing Chapter 11 reorganizations.