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Overview

This code set is intended for use on bankruptcy matters. Tasks relating to adversarial matters, such as preference actions, must be captured using the Litigation Code Set. The Bankruptcy Code Set is derived from the code set published by the U.S. Department of Justice, Executive Office for the United States Trustee.

Bankruptcy Code Set Definitions

B100 Administration

B110 Case Administration

Coordination and compliance matters, including preparation of statement of financial affairs; schedules; list of contracts; United States Trustee interim statements and operating reports; contacts with the United States Trustee; general creditor inquiries.

B120 Asset Analysis and Recovery

Identification and review of potential assets including causes of action and non-litigation recoveries.

B130 Asset Disposition

Sales, abandonment and transaction work related to asset disposition.

B140 Relief from Stay/Adequate Protection Proceedings

Matters relating to termination or continuation of automatic stay under 362 and motions for adequate protection.

B150 Meetings of and Communications with Creditors

Preparing for and attending the conference of creditors, the 341(a) meeting and other creditors' committee meetings.

B160 Fee/Employment Applications

Preparations of employment and fee applications for self or others; motions to establish interim procedures.

B170 Fee/Employment Objections

Review of and objections to the employment and fee applications of others.

B180 Avoidance Action Analysis

Review of potential avoiding actions under Sections 544-549 of the Code to determine whether adversary proceedings are warranted.

B185 Assumption/Rejection of Leases and Contracts

Analysis of leases and executory contracts and preparation of motions specifically to assume or reject.

B190 Other Contested Matters (excluding assumption/rejection motions)

Analysis and preparation of all other motions, opposition to motions and reply memoranda in support of motions.

B195 Non-Working Travel

Non-working travel where the court reimburses at less than full hourly rates.

B200 Operations

B210 Business Operations

Issues related to debtor-in-possession operating in chapter 11 such as employee, vendor, tenant issues and other similar problems.

B220 Employee Benefits/Pensions

Review issues such as severance, retention, 401K coverage and continuance of pension plan.

B230 Financing/Cash Collections

Matters under 361, 363 and 364 including cash collateral and secured claims; loan document analysis.

B240 Tax Issues

Analyses and advice regarding tax-related issues, including the preservation of net operating loss carry forwards.

B250 Real Estate

Review and analysis of real estate-related matters, including purchase agreements and lease provisions (e.g., common area maintenance clauses).

B260 Board of Directors Matters

Preparation of materials for and attendance at Board of Directors meetings; analysis and advice regarding corporate governance issues and review and preparation of corporate documents (e.g., Articles, Bylaws, employment agreements, compensation plans, etc.)

B300 Claims and Plan

B310 Claims Administration and Objections

Specific claim inquiries; bar date motions; analyses, objections and allowances of claims.

B320 Plan and Disclosure Statement (including Business Plan)

Formulation, presentation and confirmation; compliance with the plan confirmation order, related orders and rules; disbursement and case closing activities, except those related to the allowance and objections to allowance of claims.

B400 Bankruptcy-Related Advice

B410 General Bankruptcy Advice/Opinions

Analysis, advice and/or opinions regarding potential bankruptcy related issues, where no bankruptcy case has been filed.

B420 Restructurings

Analysis, consultation and drafting in connection with the restructuring of agreements, including financing agreements, where no bankruptcy case has been filed.

The authors hereby grant permission to use the codes and related definitions, in whole or in part, on a non-exclusive, royalty-free basis. In addition, this document may be freely reproduced and distributed in any electronic or hardcopy medium, on a nonexclusive, royalty-free basis, provided that this reproduction and distribution are not for profit, and that this title page is included in its entirety. This document has not been approved by either the Council of the Section of Litigation, or the ABA House of Delegates, and therefore, does not constitute official Section or ABA policy.