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As economic conditions weaken, most commentators Predict that there will be a general increase in the level of bankruptcy filings over the coming months. Indeed, bankruptcy filings to date for 2008 exceed the levels experienced in 2007 and the trend is expected to continue. Another continuing trend is the increased use of prepackaged and/or pre-arranged bankruptcy cases designed to shorten the time that the debtor actually spends in Chapter 11.
In a typical bankruptcy case, the debtor files its Chapter 11 petition, goes through a process of stabilizing its business and adjusting its business model, potentially selling divisions, rejecting unprofitable or unwanted ...