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122-447: After Bey's death in 2003, YBMB fell into debt and declared Chapter 11 bankruptcy in October 2006. In August 2007, in connection with investigations into the murder of Oakland Post journalist Chauncey Bailey and a number of other crimes, police conducted a massive raid on the company's San Pablo Avenue bakery. A concurrent health inspection resulted in its closure. Later that day,

244-492: A plea deal , in part because they were unable take testimony from any tenant witnesses at the apartment complex where the Bey organization stationed its members as security, like a private compound. Nedir Bey served six months of home detention , and Abaz Bey got eight months' home detention. In 1996, the City of Oakland loaned YBMB $ 1.1 million to start a home health care business. The loan

366-403: A valuation of the reorganized business. Bankruptcy valuation is often highly contentious because it is both subjective and important to case outcomes. The methods of valuation used in bankruptcy have changed over time, generally tracking methods used in investment banking, Delaware corporate law, and corporate and academic finance, but with a significant time lag. Chapter 11 retains many of

488-472: A May 17, 2007 kidnapping of two women, a mother and daughter, and tortured the latter. According to court records and a police affidavit , 20-year-old Joshua Bey and 21-year-old Tamon Oshun Halfin staked out the women at a bingo parlor at Foothill Square in East Oakland . Halfin and Joshua admitted that Yusuf IV ordered them to keep watch, and to notify him when the two women left. The men believed that both

610-528: A complete or partial defense to assault. In some jurisdictions, most notably England, it is not a defense where the degree of injury is severe, as long as there is no legally recognized good reason for the assault. This can have important consequences when dealing with issues such as consensual sadomasochistic sexual activity , the most notable case being the Operation Spanner case. Legally recognized good reasons for consent include surgery, activities within

732-521: A concealed weapon and evading the police, resulting in a car chase and crash at 44th Street and Market Street. On March 4, 1994, Nedir Bey was involved in the torture and beating of a Nigerian home-seller in an apartment on the 500 block of 24th Street in Oakland, involving a real estate deal. The apartment complex served as a compound for the Bey organization. The extremely violent incident also involved Abaz Bey. Both Abaz and Nedir were standing members of

854-483: A court ordered the pending reorganization converted into a liquidation bankruptcy. Yusuf Bey , born Joseph Stephens, came to Oakland , California , with his family from Texas in the early 1950s. He later opened beauty salons in the San Francisco Bay Area and in southern California , before going into the bakery business. After discovering the teachings of Elijah Muhammad in the 1960s, Bey converted to

976-467: A crime in classical Athens. It was also considered the greatest sin of the ancient Greek world. That was so because it not only was proof of excessive pride, but also resulted in violent acts by or to those involved. The category of acts constituting hubris for the ancient Greeks apparently broadened from the original specific reference to mutilation of a corpse, or a humiliation of a defeated foe, or irreverent, "outrageous treatment", in general. The meaning

1098-529: A location at the Oakland Coliseum . In 1994, Bey's son Akbar was shot four times and killed by a local drug dealer outside the Omni nightclub near the corner of Shattuck Avenue and 50th Street in Oakland. Court records showed the pathologist's conclusion that Akbar was high on heroin or morphine at the time of his death. Three months before his killing, Akbar had been charged with felony counts of carrying

1220-466: A motion to convert to chapter 7 or appoint a trustee if either of these actions is in the best interest of all creditors. Sometimes a company will liquidate under chapter 11 (perhaps in a 363 sale), in which the pre-existing management may be able to help get a higher price for divisions or other assets than a chapter 7 liquidation would be likely to achieve. Section 362(d) of the Bankruptcy Code allows

1342-415: A number of mechanisms to restructure its business. A debtor in possession can acquire financing and loans on favorable terms by giving new lenders first priority on the business's earnings. The court may also permit the debtor in possession to reject and cancel contracts. Debtors are also protected from other litigation against the business through the imposition of an automatic stay . While the automatic stay

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1464-476: A number of offences of assault. Assault is defined by section 252 of that Act. Assault is a misdemeanor punishable by one year imprisonment; assault with "intent to have carnal knowledge of him or her" or who indecently assaults another, or who commits other more-serious variants of assault (as defined in the Act) are guilty of a felony, and longer prison terms are provided for. Marshall Islands The offence of assault

1586-431: A person to apprehend the imminent infliction of unlawful force, whilst battery refers to the actual infliction of force. Each state has legislation relating to the act of assault, and offences against the act that constitute assault are heard in the magistrates' court of that state or indictable offences are heard in a district or supreme court of that state. The legislation that defines assault of each state outline what

1708-410: A plan during the period of exclusivity. This period allows the debtor 120 days from the date of filing for chapter 11 to propose a plan of reorganization before any other party in interest may propose a plan. If the debtor proposes a plan within the 120-day exclusivity period, a 180-day exclusivity period from the date of filing for chapter 11 is granted in order to allow the debtor to gain confirmation of

1830-465: A police officer . Assault may overlap with an attempted crime; for example, an assault may be charged as attempted murder if it was done with intent to kill. Battery is a criminal offense that involves the use of physical force against another person without their consent . It is a type of assault and is considered a serious crime. Battery can include a wide range of actions, from slapping someone to causing serious harm or even death. Depending on

1952-479: A price war against competitors — all with the bankruptcy court's approval. Studies on the impact of forestalling the creditors' rights to enforce their security reach different conclusions. Chapter 11 cases dropped by 60% from 1991 to 2003. One 2007 study found this was because businesses were turning to bankruptcy-like proceedings under state law, rather than the federal bankruptcy proceedings, including those under chapter 11. Insolvency proceedings under state law,

2074-442: A reorganization; a conversion into chapter 7 liquidation, or it is dismissed. In order for a chapter 11 debtor to reorganize, they must file (and the court must confirm) a plan of reorganization. Simply put, the plan is a compromise between the major stakeholders in the case, including, but not limited to the debtor and its creditors. Most chapter 11 cases aim to confirm a plan, but that may not always be possible. Section 1121(b) of

2196-724: A restaurant inspection by the Alameda County Environmental Health Department. The conditions were grave enough to risk immediate closure, if not fixed immediately, according to department policy. However, the bakery remained open, and no follow-up inspection was recorded by the department. The major violations included issues with grease, lack of smooth and cleanable surfaces, lack of adequate stove hood venting, and inadequate lighting. In addition inspectors cited four minor violations involving employee behavior and cleanliness. Oakland Police say that three men associated with YBMB, including Yusuf IV, later confessed to

2318-496: A shooting outside his home. In 2005, Antar mortgaged the bakery property, to cover back taxes and other debt, and then defaulted, which led to threat of foreclosure . On the morning of August 2, 2007, Bailey was murdered in Downtown Oakland by Devaughndre Broussard, a 19-year-old YBMB handyman who was on probation for a San Francisco robbery conviction. Broussard was a close associate of Yusuf Bey IV and deeply involved with

2440-413: A shop assistant by simply jumping over a counter while wearing a ski mask . The court said: [A]n assault may be constituted by threatening gestures sufficient to produce alarm Scots law also provides for a more serious charge of aggravated assault on the basis of such factors as severity of injury, the use of a weapon, or Hamesucken (to assault a person in their own home). The mens rea for assault

2562-617: A specific intent: In Scots law , assault is defined as an "attack upon the person of another". There is no distinction made in Scotland between assault and battery (which is not a term used in Scots law), although, as in England and Wales, assault can be occasioned without a physical attack on another's person, as demonstrated in Atkinson v. HM Advocate wherein the accused was found guilty of assaulting

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2684-656: A state appeals court upheld the convictions of Yusuf Bey IV and Antoine Mackey. Chapter 11 Chapter 11 of the United States Bankruptcy Code ( Title 11 of the United States Code ) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy , is available to every business , whether organized as a corporation , partnership or sole proprietorship , and to individuals, although it

2806-434: A strip club in his BMW , after he had been thrown out. Then he was charged with missing several court dates, for which he became wanted on a $ 375,000 warrant. According to later court documents, he also used a stolen identification with a fake driver's license to fraudulently obtain favorable credit to buy a house in the 2500 block of 61st Avenue. Yusuf IV signed all the documents with the name Yasir Human. The US$ 550,000 loan

2928-632: A used-car lot by using false credit information and identification. He was also charged with trying to open a bank account with the false information. Vallejo police dropped charges concerning a 9mm pistol and ammunition which had been found in the car in a criminal investigation surrounding the disappearance an alleged drug dealer who attempted to sell drugs to high school students. Yusuf IV was arrested in San Francisco on assault charges in April 2006, after allegedly trying to run down three security guards outside

3050-433: Is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery , which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror

3172-608: Is a wide range of the types of assault that can occur. Generally, an assault occurs when a person directly or indirectly applies force intentionally to another person without their consent. It can also occur when a person attempts to apply such force, or threatens to do so, without the consent of the other person. An injury need not occur for an assault to be committed, but the force used in the assault must be offensive in nature with an intention to apply force. It can be an assault to "tap", "pinch", "push", or direct another such minor action toward another, but an accidental application of force

3294-668: Is about to use criminal force to that person, is said to commit an assault. The Code further explains that "mere words do not amount to an assault. But the words which a person uses may give to their gestures or preparation such a meaning as may make those gestures or preparations amount to an assault". Assault is in Indian criminal law an attempt to use criminal force (with criminal force being described in s.350). The attempt itself has been made an offence in India, as in other states. The Criminal Code Act (chapter 29 of Part V; sections 351 to 365) creates

3416-408: Is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death. Generally, the common law definition is the same in criminal and tort law . Traditionally, common law legal systems have separate definitions for assault and battery . When this distinction is observed, battery refers to

3538-577: Is created by section 113 of the Criminal Code. A person is guilty of this offence if they unlawfully offer or attempt, with force or violence, to strike, beat, wound, or do bodily harm to, another. Section 2 of the Non-Fatal Offences against the Person Act 1997 creates the offence of assault, and section 3 of that Act creates the offence of assault causing harm . South African law does not draw

3660-417: Is in place, creditors are stayed from any collection attempts or activities against the debtor in possession, and most litigation against the debtor is stayed, or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue. An example of proceedings that are not necessarily stayed automatically are family law proceedings against a spouse or parent. Further, creditors may file with

3782-475: Is intended and caused (R v Paice; R v Jobidon). A person cannot consent to serious bodily harm. Assault in Ancient Greece was normally termed hubris . Contrary to modern usage, the term did not have the extended connotation of overweening pride , self-confidence or arrogance, often resulting in fatal retribution. In Ancient Greece, "hubris" referred to actions which, intentionally or not, shamed and humiliated

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3904-484: Is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals. When a business is unable to service its debt or pay its creditors , the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11. In Chapter 7,

4026-474: Is not an assault. The potential punishment for an assault in Canada varies depending on the manner in which the charge proceeds through the court system and the type of assault that is committed. The Criminal Code defines assault as a dual offence (indictable or summary offence). Police officers can arrest someone without a warrant for an assault if it is in the public's interest to do so notwithstanding S.495(2)(d) of

4148-414: Is not legally considered to be assault unless it is deemed to be excessive or unreasonable. What constitutes "reasonable" varies in both statutory law and case law . Unreasonable physical punishment may be charged as assault or under a separate statute for child abuse . In English law , s. 58 Children Act 2004 limits the availability of the lawful correction defense to common assault. This defence

4270-408: Is severable. The trustee or debtor-in-possession normally assumes a contract or lease if it is needed to operate the reorganized business or if it can be assigned or sold at a profit. The trustee or debtor-in-possession normally rejects a contract or lease to transform damage claims arising from the nonperformance of those obligations into a prepetition claim. In some situations, rejection can also limit

4392-467: Is simply "evil intent", although this has been held to mean no more than that assault "cannot be committed accidentally or recklessly or negligently" as upheld in Lord Advocate's Reference No 2 of 1992 where it was found that a "hold-up" in a shop justified as a joke would still constitute an offence. It is a separate offence to assault on a constable in the execution of their duty, under section 90 of

4514-472: Is some debate over whether the touching must also be hostile. The terms "assault" and "common assault" often encompass the separate offence of battery, even in statutory settings such as section 40(3)(a) of the Criminal Justice Act 1988 (c. 33). A common assault is an assault that lacks any of the aggravating features which Parliament has deemed serious enough to deserve a higher penalty. Section 39 of

4636-628: Is such as seriously to interfere with health". The common law crime of indecent assault was repealed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 , and replaced by a statutory crime of sexual assault . Abolished offences: English law provides for two offences of assault: common assault and battery . Assault (or common assault ) is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence. Violence in this context means any unlawful touching, though there

4758-444: Is treated as a contested matter under Bankruptcy Rule 9014. A party seeking relief from the automatic stay must also pay the filing fee required by 28 U.S.C.A. § 1930(b). In the new millennium, airlines have fallen under intense scrutiny for what many see as abusing Chapter 11 bankruptcy as a tool for escaping labor contracts, usually 30–35% of an airline's operating cost. Every major US airline has filed for Chapter 11 since 2002. In

4880-648: The Nation of Islam (NOI) in 1964 and founded the "Islamic" bakery in Santa Barbara in 1968. The bakery was not officially affiliated with the NOI and not representative of mainstream Muslim cultures. NOI minister Keith Muhammad, of East Oakland 's Muhammad Mosque #26, stated that the two organizations were distinct and separate. Bey named the business Your Black Muslim Bakery (YBMB) on the personal recommendation of Elijah Muhammad, who had become his spiritual guide. In 1971, Bey moved

5002-491: The United States , an assault can be charged as either a misdemeanor or a felony . In England and Wales and Australia , it can be charged as either common assault , assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault . Separate charges typically exist for sexual assaults , affray and assaulting

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5124-465: The automatic stay of § 362. The automatic stay requires all creditors to cease collection attempts, and makes many post-petition debt collection efforts void or voidable. Under some circumstances, some creditors, or the United States Trustee , can request the court convert the case into a liquidation under chapter 7, or appoint a trustee to manage the debtor's business. The court will grant

5246-492: The hit on Bailey, telling them that it needed to be done quickly, as he was afraid Bailey's exposé of the bakery's underground activities and sordid past would be published soon. The California Court of Appeal later described the event in People v. Mackey (233 Cal. App. 4th 32 (Cal. Ct. App. 2015), paragraph 15) as follows: ""Mackey and Broussard drove along the bus route until they saw Bailey walking. Mackey said that location

5368-493: The 10-Q filed on November 11, 2001. The company announced that the annual financials were under review at the time of filing for Chapter 11. Assault In the terminology of law , an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution , civil liability , or both. Additionally, assault

5490-716: The African-American Advisory Committee on Crime, which also included Oakland's then-mayor Elihu Harris . The committee had organized a massive conference on crime that same weekend, featuring Jesse Jackson as its keynote speaker. The assault escalated into a massive incident in which ninety Oakland Police officers were engaged in hand-to-hand combat with thirty Black Muslims, some of whom were armed. The two Beys and two other men were charged with felony counts of assault , robbery , and false imprisonment . A year later, all four men pleaded no contest to one felony count of false imprisonment. The prosecutors had cut

5612-405: The Bankruptcy Code provides for an exclusivity period in which only the debtor may file a plan of reorganization. This period lasts 120 days after the date of the order for relief, and if the debtor does file a plan within the first 120 days, the exclusivity period is extended to 180 days after the order for relief for the debtor to seek acceptance of the plan by holders of claims and interests. If

5734-483: The Bankruptcy Code), so, only a debtor can file a plan of reorganization . The SBRA requires the U.S. Trustee appoint a "subchapter V trustee" to every Subchapter V case to supervise and control estate funds, and facilitate the development of a consensual plan. It also eliminates automatic appointment of an official committee of unsecured creditors and abolishes quarterly fees usually paid to the U.S. Trustee throughout

5856-454: The Code. This public interest is usually satisfied by preventing a continuation or repetition of the offence on the same victim. Some variations on the ordinary crime of assault include: An individual cannot consent to an assault with a weapon, assault causing bodily harm, aggravated assault, or any sexual assault. Consent will also be vitiated if two people consent to fight but serious bodily harm

5978-594: The Criminal Justice Act 1988 provides that common assault, like battery, is triable only in a magistrates' court in England and Wales (unless it is linked to a more serious offence, which is triable in the Crown Court ). Additionally, if a defendant has been charged on an indictment with assault occasioning actual bodily harm (ABH), or racially/religiously aggravated assault, then a jury in the Crown Court may acquit

6100-509: The activities of YBMB. Prior to the murder, Bey described Bailey to Broussard and Antoine Mackey as “the motherfucker who killed my father," an undeniably false statement, since Bey's father had died of cancer. Following this, Bey IV also told Broussard and Mackey that Bailey worked for the Oakland Post and told them to follow him and learn his routine because he wanted to "take him out." Later, he offered both men "credit hook-ups" in exchange for

6222-580: The actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offenses into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from battery. Legal systems generally acknowledge that assaults can vary greatly in severity. In

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6344-433: The advantages of a traditional Chapter 11 case without the unnecessary procedural burdens and costs. It seeks to increase the debtor's ability to negotiate a successful reorganization and retain control of the business and increase oversight and ensure a quick reorganization. A Subchapter V case contrasts from a traditional Chapter 11 in several key aspects: it is earmarked only for the "small business debtor" (as defined by

6466-733: The ancient Greek concepts of honor (timē) and shame. The concept of timē included not only the exaltation of the one receiving honor, but also the shaming of the one overcome by the act of hubris. This concept of honor is akin to a zero-sum game. Rush Rehm simplifies this definition to the contemporary concept of "insolence, contempt, and excessive violence". The Indian Penal Code covers the punishments and types of assault in Chapter 16, sections 351 through 358. Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation

6588-565: The assault of a woman in May. On August 7, Broussard was arraigned in Alameda County Superior Court for Bailey's murder, and also charged with being a convicted felon in possession of a firearm and with having a prior felony conviction from San Francisco. In August 2011, he was sentenced to 25 years in state prison. On June 11, 2011, Yusuf IV was convicted on three counts of first-degree murder and sentenced to life in prison . In 2015,

6710-559: The automatic stay provisions of the Bankruptcy Code. In August 2019, the Small Business Reorganization Act of 2019 ("SBRA") added Subchapter V to Chapter 11 of the Bankruptcy Code. Subchapter V, which took effect in February 2020, is reserved exclusively for the small business debtor with the purpose of expediting bankruptcy procedure and economically resolving small business bankruptcy cases. Subchapter V retains many of

6832-702: The bakery building was about to be foreclosed upon. The remaining debt, $ 200,000, was owed to the Internal Revenue Service (IRS). The day after the murder of Chauncey Bailey , on August 3, 2007, Judge Edward Jellen ordered the case to be converted to Chapter 7 liquidation effective August 9. It was revealed that three local prominent elected officials wrote letters in July 2007 to Judge Jellen asking him not to dissolve YBMB to pay off creditors. Congresswoman Barbara Lee , Oakland Mayor Ron Dellums , and California Assemblyman Sandré Swanson all wrote letters at

6954-409: The bakery to Oakland. By 1974 it was the "largest Bay Area bakery specializing exclusively in natural food products", with over 6,000 loaves of bread and over 300 cakes per week sold at 150 stores. During the mid-1980s, Bey appeared regularly on a local Oakland cable television lecture program, True Solutions , during which he broadcast his hour-long sermons every week. On the program Bey also promoted

7076-424: The bakery, and frequently expounded on the need for the economic self-reliance and "knowledge of self" of African Americans , whom he lectured the audience as being the "Original Man", a racially-charged idea derived from the NOI's doctrine of Yakub . By the 1990s, YBMB and its leaders were a respected part of Oakland society, and had substantial influence in local politics. They used their power to obtain favors from

7198-441: The best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy. If the case is dismissed, creditors will look to non-bankruptcy law in order to satisfy their claims. In order to proceed to the confirmation hearing, a disclosure statement must be approved by the bankruptcy court. Once the disclosure statement is approved, the plan proponent will solicit votes from

7320-433: The business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount is returned to the owners of the company. In Chapter 11, in most instances the debtor remains in control of its business operations as a debtor in possession , and is subject to the oversight and jurisdiction of the court. A Chapter 11 bankruptcy will result in one of three outcomes for

7442-476: The business, and Bey refused to agree to these requirements. In November 2005, two Muslim-owned liquor stores in Oakland were vandalized , one of which was captured on a store surveillance tape. Another store was burned, and a store owner was briefly abducted by men wearing the distinctive bow-tie apparel associated with the NOI. The men had demanded that the stores stop selling alcohol to African Americans based on Islamic prohibitions against alcohol. Yusuf Bey IV

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7564-512: The case. Most notably, Subchapter V allows the small business owner to retain their equity in the business so long as the reorganization plan does not discriminate unfairly and is fair and equitable with respect to each class of claims or interests. The reorganization and court process may take an inordinate amount of time, limiting the chances of a successful outcome and sufficient debtor-in-possession financing may be unavailable during an economic recession. A preplanned, pre-agreed approach between

7686-461: The city, influence local elections, and avoid scrutiny from police. Bey ran unsuccessfully for mayor in 1994, gaining 5% of the vote. By 2007, the company was headquartered at 5832 San Pablo Avenue, with five branch locations listed in Alameda County records, including a store on Telegraph Avenue in Oakland's Temescal district and another at Oakland International Airport . The bakery also had

7808-471: The classes of creditors. Solicitation is the process by which creditors vote on the proposed confirmation plan. This process can be complicated if creditors fail or refuse to vote. In which case, the plan proponent might tailor his or her efforts in obtaining votes, or the plan itself. The plan may be modified before confirmation, so long as the modified plan meets all the requirements of Chapter 11. A chapter 11 case typically results in one of three outcomes:

7930-442: The cost of litigating the chapter 11 case) are paid first. Secured creditors —creditors who have a security interest , or collateral , in the debtor's property—will be paid before unsecured creditors. Unsecured creditors' claims are prioritized by § 507. For instance the claims of suppliers of products or employees of a company may be paid before other unsecured creditors are paid. Each priority level must be paid in full before

8052-408: The court must determine whether the plan is "feasible, " in other words, the court must safeguard that confirming the plan will not yield to liquidation down the road. The plan must ensure that the debtor will be able to pay most administrative and priority claims (priority claims over unsecured claims ) on the effective date. Like other forms of bankruptcy, petitions filed under chapter 11 invoke

8174-442: The court seeking relief from the automatic stay. If the business is insolvent , its debts exceed its assets and the business is unable to pay debts as they come due, the bankruptcy restructuring may result in the company's owners being left with nothing; instead, the owners' rights and interests are ended and the company's creditors are left with ownership of the newly reorganized company. All creditors are entitled to be heard by

8296-441: The court that they felt threatened by the intruder's presence. The below table shows the rate of reported serious assault for individual countries according to United Nations Office on Drugs and Crime for the last available year. The term 'assault', when used in legislation, commonly refers to both common assault and battery, even though the two offences remain distinct. Common assault involves intentionally or recklessly causing

8418-409: The court to terminate, annul, or modify the continuation of the automatic stay as may be necessary or appropriate to balance the competing interests of the debtor, its estate, creditors, and other parties in interest and grants the bankruptcy court considerable flexibility to tailor relief to the exigencies of the circumstances. Relief from the automatic stay is generally sought by motion and, if opposed,

8540-436: The court. The court is ultimately responsible for determining whether the proposed plan of reorganization complies with bankruptcy laws. One controversy that has broken out in bankruptcy courts concerns the proper amount of disclosure that the court and other parties are entitled to receive from the members of the creditor's committees that play a large role in many proceedings. Chapter 11 usually results in reorganization of

8662-406: The creditors' objection, the plan must not discriminate against that class of creditors, and the plan must be found fair and equitable to that class. Upon confirmation, the plan becomes binding and identifies the treatment of debts and operations of the business for the duration of the plan. If a plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in

8784-427: The damages that a contract counterparty can claim against the debtor. Chapter 11 follows the same priority scheme as other bankruptcy chapters. The priority structure is defined primarily by § 507 of the Bankruptcy Code ( 11 U.S.C.   § 507 ). As a general rule, administrative expenses (the actual, necessary expenses of preserving the bankruptcy estate, including expenses such as employee wages, and

8906-547: The debtor and its creditors (sometimes called a pre-packaged bankruptcy ) may facilitate the desired result. A company undergoing Chapter 11 reorganization is effectively operating under the "protection" of the court until it emerges. An example is the airline industry in the United States; in 2006 over half the industry's seating capacity was on airlines that were in Chapter 11. These airlines were able to stop making debt payments, break their previously agreed upon labor union contracts, freeing up cash to expand routes or weather

9028-413: The debtor's business or personal assets and debts, but can also be used as a mechanism for liquidation. Debtors may "emerge" from a chapter 11 bankruptcy within a few months or within several years, depending on the size and complexity of the bankruptcy. The Bankruptcy Code accomplishes this objective through the use of a bankruptcy plan. The debtor in possession typically has the first opportunity to propose

9150-410: The debtor: reorganization, conversion to Chapter 7 bankruptcy, or dismissal. In order for a Chapter 11 debtor to reorganize, the debtor must file (and the court must confirm) a plan of reorganization. In effect, the plan is a compromise between the major stakeholders in the case, including the debtor and its creditors. Most Chapter 11 cases aim to confirm a plan, but that may not always be possible. If

9272-417: The defendant of the more serious offence, but still convict of common assault if it finds common assault has been committed. An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, " grievous bodily harm " (GBH). Other aggravated assault charges refer to assaults carried out against a specific target or with

9394-400: The distinction between assault and battery. Assault is a common law crime defined as "unlawfully and intentionally applying force to the person of another, or inspiring a belief in that other that force is immediately to be applied to him". The law also recognises the crime of assault with intent to cause grievous bodily harm , where grievous bodily harm is defined as "harm which in itself

9516-532: The elements are that make up the assault, where the assault is sectioned in legislation or criminal codes, and the penalties that apply for the offence of assault. In New South Wales, the Crimes Act 1900 defines a range of assault offences deemed more serious than common assault and which attract heavier penalties. These include: Assault is an offence under s. 265 of the Canadian Criminal Code . There

9638-423: The features present in all, or most, bankruptcy proceedings in the United States. It provides additional tools for debtors as well. Most importantly, 11 U.S.C.   § 1108 empowers the trustee to operate the debtor's business. In Chapter 11, unless a separate trustee is appointed for cause, the debtor, as debtor in possession, acts as trustee of the business. Chapter 11 affords the debtor in possession

9760-515: The first case was awaiting trial. Following the death of Yusuf Bey in 2003, Waajid Aliawaad Bey became chief executive officer of YBMB. In March 2004, at age 51, Waajid disappeared for several months, until the discovery of his badly decomposed body in a shallow grave off Skyline Blvd. in the Oakland Hills . He was determined to be the victim of a homicide. YBMB was then taken over by Yusuf Bey's son, Antar Bey. At age 23 on October 25, 2005, Antar

9882-470: The ground, fired a third shot into Bailey’s face, and ran back to the van. After the shooting Mackey drove them back to the Bakery, where they went upstairs and told Bey, “It’s done.”" Witnesses described the killer, later identified as Broussard, as wearing a ski mask and all black clothing, arriving in a white Ford Aerostar without license plates, and approaching Bailey with a Mossberg shotgun . The shotgun

10004-434: The judge approves the reorganization plan and the creditors all "agree", then the plan can be confirmed. §1129 of the Bankruptcy Code requires the bankruptcy court reach certain conclusions prior to "confirming" or "approving" the plan and making it binding on all parties in the case. Most importantly, the bankruptcy court must find the plan (a) complies with applicable law, and (b) has been proposed in good faith. Furthermore,

10126-407: The judge approves the reorganization plan and the creditors all agree, then the plan can be confirmed. Section 1129 of the Bankruptcy Code requires the bankruptcy court reach certain conclusions prior to confirming or approving the plan and making it binding on all parties in the case, most notably that the plan complies with applicable law and was proposed in good faith. The court must also find that

10248-556: The later YBMB raid involved yet another kidnapping on July 19, 2007, of some women for ransom who ultimately escaped their captors. Before his shooting death in August 2007, editor Chauncey Bailey of the Oakland Post was working on a story about the finances of YBMB, involving its pending bankruptcy. Ali Saleem Bey was Bailey's source for the story, which the Post withheld on the belief that it

10370-414: The leadership of Antar or [Yusuf Bay IV]." Numerous poor financial decisions made by both Antar and Bey IV eventually led the bakery to file for chapter 11 bankruptcy in 2006. In 2007, Bey rejected a financing offer made by the family of his sister's husband because this financing proposal was contingent on Bey IV's agreement to reorganize the bakery's board and bring in qualified outside individuals to run

10492-415: The letter was a routine response to a routine request such as they receive from small businesses, and that the earlier statement did not represent the official position of the assemblyman. Elmhurst - East Oakland City Council member Larry Reid said that he had refused the request by Bey to write a similar letter of support for YBMB in July, because the bakery had failed to repay the 1996 loan and because of

10614-401: The murder of Antar Bey. The men lured Roberson around a corner with the promise of drugs, after which Broussard shot him at least eight times. The court later stated that "Broussard never had problems with Roberson and had no reason to kill him except that Bey told him to do it." On July 12, 2007, another victim, Mike Wills Jr., was gunned down in the 6200 block of San Pablo Avenue. On August 6,

10736-648: The murder. The Alameda County Health Department closed YBMB after rat droppings were found inside the bakery and dead rats were found on the rooftop, along with other waste which was leaking into drainage lines. As a result, police officers called in Oakland's Vector Control during the raid, along with the State of California Department of Fish and Game and the Alameda Country District Attorney's Office environmental crimes unit. Pending fines could have reached up to $ 5,000 per day. On August 4, 2007, Broussard

10858-404: The next lower priority level may receive payment. Section 1110 ( 11 U.S.C.   § 1110 ) generally provides a secured party with an interest in an aircraft the ability to take possession of the equipment within 60 days after a bankruptcy filing unless the airline cures all defaults. More specifically, the right of the lender to take possession of the secured equipment is not hampered by

10980-508: The owner of Quick N Shine Auto Detail, working with celebrities such as the Wayans family . On February 24, 2009, Sayyed took his own life on Burnside Ave, Los Angeles. Due to Yusuf IV's pending murder trial, the Bey family didn't publish any obituary notices in Los Angeles. On October 24, 2006, YBMB filed for Chapter 11 bankruptcy . With $ 900,000 in debts, owed mostly to the mortgage holder,

11102-457: The police, without filing charges, stated that the two murders were committed with an AK-47 found at the bakery during the August raid. Devaughndre Broussard later said that Antoine Mackey killed Wills because he was white, and Mackey and Bey had been inspired by the racially motivated Zebra murders , which Yusuf Bey IV allegedly enthusiastically endorsed as "giving White people “a taste of their own medicine”". Another case linked to arrestees in

11224-578: The preceding classes of defense in that a threat or attempt to damage property might be considered a crime (in English law, under s5 Criminal Damage Act 1971 it may be argued that the defendant has a lawful excuse to damage property during the defense and a defense under s3 Criminal Law Act 1967 ) subject to the need to deter vigilantes and excessive self-help. Furthermore, some jurisdictions, such as Ohio, allow residents in their homes to use force when ejecting an intruder. The resident merely needs to assert to

11346-421: The proposed plan. With some exceptions, the plan may be proposed by any party in interest. Interested creditors then vote for a plan. If the judge approves the reorganization plan and the creditors all agree, then the plan can be confirmed. If at least one class of creditors objects and votes against the plan, it may nonetheless be confirmed if the requirements of cramdown are met. In order to be confirmed over

11468-409: The purpose of causing a harmful or offensive contact with another person or under circumstances that make such contact substantially certain to occur, and which causes such contact. Aggravated assault is a violent crime that involves violence or the threat of violence. It is generally described as an intentional act that causes another person to fear imminent physical harm or injury. This can include

11590-543: The purpose of performing an arrest or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary. In some jurisdictions such as Singapore , judicial corporal punishment is part of the legal system . The officers who administer the punishment have immunity from prosecution for assault. In the United States, England, Northern Ireland, Australia and Canada, corporal punishment administered to children by their parent or legal guardian

11712-558: The raid on the bakery. Police later held Yusuf IV without bail for kidnapping for ransom in the case. On July 7, 2007, Odel Roberson, a relative of Alfonza Phillips III, Antar Bey's killer, was murdered in the 1000 block of 60th Street. At the time of his death, Roberson was a homeless drug addict who often sought food handouts from YBMB. He had no involvement in Bey's murder, but after their attempts to kill Alfonza Phillip's father failed, Devaughndre Broussard and Antone Mackey were instructed by Yusuf Bey IV to murder Roberson as "revenge" for

11834-424: The range and precise application of defenses varies between jurisdictions, the following represents a list of the defenses that may apply to all levels of assault: Exceptions exist to cover unsolicited physical contact which amount to normal social behavior known as de minimis harm. Assault can also be considered in cases involving the spitting on, or unwanted exposure of bodily fluids to others. Consent may be

11956-545: The reorganization plan is feasible in that, unless the plan provides otherwise, the plan is not likely to be followed by further reorganization or liquidation. In a Chapter 11 bankruptcy, the debtor corporation is typically recapitalized so that it emerges from bankruptcy with more equity and less debt, a process through which some of the debtor corporation's debts may be discharged. Determinations as to which debts are discharged, and how equity and other entitlements are distributed to various groups of investors, are often based on

12078-455: The request of longtime YBMB associate Ali Saleem Bey. Lee later expressed regret for her support. Dellums' office offered the explanation that Ali said that he hoped to gain control of YBMB, and return it to its historical roots. Swanson's letter was dated July 17, 2007 and his office first admitted to having "made a mistake", and also stated that Swanson was not aware of the bakery leaders' legal problems. However, later Swanson's office stated that

12200-425: The rules of a game ( mixed martial arts , wrestling , boxing , or contact sports ), bodily adornment ( R v Wilson [1996] Crim LR 573), or horseplay ( R v Jones [1987] Crim LR 123). However, any activity outside the rules of the game is not legally recognized as a defense of consent. In Scottish law, consent is not a defense for assault. Police officers and court officials have a general power to use force for

12322-400: The severity of the offense, it can carry a wide range of punishments, including jail time, fines, and probation. In jurisdictions that make a distinction between the two, assault usually accompanies battery if the assailant both threatens to make unwanted contact and then carries through with this threat. See common assault . The elements of battery are that it is a volitional act, done for

12444-585: The space of 2 years (2002–2004) US Airways filed for bankruptcy twice leaving the AFL–CIO , pilot unions and other airline employees claiming the rules of Chapter 11 have helped turn the United States into a corporatocracy . The trustee or debtor-in-possession is given the right, under § 365 of the Bankruptcy Code, subject to court approval, to assume or reject executory contracts and unexpired leases. The trustee or debtor-in-possession must assume or reject an executory contract in its entirety, unless some portion of it

12566-404: The speeches of Demosthenes , a prominent statesman and orator in ancient Greece . These two examples occurred when first, in addition to other acts of violence, Meidias allegedly punched Demosthenes in the face in the theater ( Against Meidias ), and second (Against Konon), when the defendant allegedly severely beat him. Hubris, though not specifically defined, was a legal term and was considered

12688-491: The study stated, are currently faster, less expensive, and more private, with some states not even requiring court filings. However, a 2005 study claimed the drop may have been due to an increase in the incorrect classification of many bankruptcies as "consumer cases" rather than "business cases". Cases involving more than US$ 50 million in assets are almost always handled in federal bankruptcy court, and not in bankruptcy-like state proceeding. The largest bankruptcy in history

12810-502: The time of his death. On September 19, 2002, Bey turned himself in to Oakland Police when a warrant was issued for his arrest, charged with 27 counts in the alleged rapes of four girls under the age of 14. The cases were pending trial into the following year. The oldest allegation was that, beginning twenty years earlier, he serially raped through coercion a preteen girl who, as a ten-year-old, came under foster care of Bey and his wife Nora. Bey died of cancer in October 2003 at age 67 while

12932-554: The use of a weapon, or the threat of using a weapon. It is usually considered a felony offense and can carry severe penalties. Aggravated assault is often considered a very serious crime and can lead to long-term prison sentences. Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon . A person has committed an aggravated assault when that person attempts to: Aggravated assault can also be charged in cases of attempted harm against police officers or other public servants. Although

13054-410: The victim, and frequently the perpetrator as well. It was most evident in the public and private actions of the powerful and rich. Violations of the law against hubris included, what would today be termed, assault and battery; sexual crimes ranging from forcible rape of women or children to consensual but improper activities; or the theft of public or sacred property. Two well-known cases are found in

13176-418: The well-publicized criminal charges that had been brought against Bey organization leaders by that time, including the 2005 liquor store incidents. Reid said he respected the old guard of the bakery represented by John and Ali Bey, but that was not enough. On December 19, 2006, YBMB's San Pablo Avenue bakery headquarters received four "major" health code violations, with dangerously unsanitary conditions, during

13298-463: The women and a male friend had a lot of cash, which the Beys and Halfin were trying to get for the bakery. Joshua and Halfin were riding in a fake police car, with flashing lights, which was registered to Yusuf IV. The car pulled the women over on Interstate 580 . Wearing dark clothing and masks, the two men took the women at gunpoint into the fake police car. A third man was behind the wheel. The men covered

13420-409: The women's heads and drove off, while the third man followed them, driving the women's car. They ended up at a house in the 6800 block of Avenal Avenue, a couple miles from the bingo parlor. Police said that YBMB owned the house and used it as a rental. The mother was left inside the car while the daughter was taken inside the house, where she was tortured, hit in the head and knee with a hard object, and

13542-599: Was abolished in Wales in 2022. Many countries, including some US states, also permit the use of controversial corporal punishment for children in school or home. This may or may not involve self-defense in that, using a reasonable degree of force to prevent another from committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of personal violence. Some jurisdictions allow force to be used in defense of property , to prevent damage either in its own right, or under one or both of

13664-415: Was among those arrested in the case, and he was charged with having led the attacks. He was also later convicted of stealing a shotgun from an employee of one of these stores. This shotgun was later used in the murder of Chauncey Bailey . In February 2006, in nearby Vallejo , Yusuf IV was arrested and later found guilty of a number of crimes related to his scheme to buy a $ 55,000 luxury Mercedes-Benz from

13786-426: Was booked on suspicion of murder for the killing of Bailey, having told police detectives that he considered himself "a good soldier". Yusuf IV was also arrested that day on the outstanding San Francisco warrant, and held without bail in the May kidnapping-for-ransom case. His brother Joshua, Halfin, and one of the other arrestees from the morning prior were being held in connection with the earlier kidnappings, including

13908-467: Was eventually further generalized in its modern English usage to apply to any outrageous act or exhibition of pride or disregard for basic moral laws. Such an act may be referred to as an "act of hubris", or the person committing the act may be said to be hubristic. Atë , Greek for 'ruin, folly, delusion', is the action performed by the hero, usually because of their hubris, or great pride, that leads to their death or downfall. Crucial to this definition are

14030-561: Was in turn shot to death in what police believe to have been a failed carjacking while he was stopped to get gas on Martin Luther King Jr. Way, near 55th Street. On December 14, 2007, Alfonza Phillips III was sentenced to life imprisonment for his murder. Another son, Yusuf Bey IV , took over YBMB in October 2005. Yusuf Bey IV became the CEO of YBMB at the age of 19 in 2005. As was later stated in court documents, "The Bakery did not thrive under

14152-400: Was later discovered to have been stolen in 2005 by Yusuf Bey IV. After the shooting, Broussard escaped in the van. Broussard initially denied repeatedly that he had killed Bailey, including during an interview with 60 Minutes . But eventually, Broussard admitted to police that he did in fact ambush and murder Bailey on Bey's orders and implicated Antoine Mackey as the driver of the van during

14274-407: Was never repaid, and the home health care business never was established. Bey's detractors—notably East Bay Express journalist Chris Thompson—accused him of cultism , corruption , and antisemitism . Many accusations of physical and sexual abuse , including rape and incest , and which were sustained by DNA evidence, were made against Bey, culminating in felony charges which were pending at

14396-461: Was not yet ready for publication. According to Ali, YBMB had been seized from its rightful heirs in a coup, through fraud and forgery , by a younger branch of the family, that included Antar Bey and Yusef Bey IV. Ali revealed that in June 2005, John Bey, a former head of the Bey security service who had tried to expose the fraud behind the coup, fled Oakland with his family after an attempt on his life in

14518-445: Was of the US investment bank Lehman Brothers Holdings Inc., which listed $ 639 billion in assets as of its Chapter 11 filing in 2008. The 16 largest corporate bankruptcies as of December 13, 2011 Enron, Lehman Brothers, MF Global and Refco have all ceased operations while others were acquired by other buyers or emerged as a new company with a similar name. ‡ The Enron assets were taken from

14640-424: Was threatened with being set on fire. An Oakland Police officer in the area that night looking for a stolen car spotted the fake police car with the mother inside and, when he stopped to investigate, the men fled the house. The daughter broke a window of the house and called for help. The mother was found unharmed. A cell phone found in the house belonged to Joshua. Joshua and Halfin were later among those arrested in

14762-565: Was through CIT Group / Consumer Finance Inc. Sayyed Yusuf "Weedy" Bey was one of the elder Yusuf Bey's older sons. After graduating from the Elijah Education Center in 1994, he joined the True Solutions production team as a camera operator and worked as a baker at YBMB. Sayyed also had a minor role in the 1998 feature film Drylongso . That year, he also moved to Los Angeles to pursue his passion of exotic automobiles and became

14884-434: Was “too hot,” so they drove ahead, parked near 14th and Alice Streets, and waited for Bailey to arrive. When Broussard saw Bailey approach that intersection, he jumped out of the van, ran across the street to where Bailey was, and shot him twice in the torso at close range and started to run back across the street. Then he remembered that Bey had made it clear they should be sure Bailey was dead, so he returned to Bailey lying on

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