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Chapter 11 Bankruptcy Essentials
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Creation and Submission of the Reorganization Plan
The debtor typically has an exclusive right for a certain period to submit a plan of reorganization, which must detail how it will deal with its creditors and operations post-bankruptcy.
Cramdown Provision
If a class of creditors does not accept the plan, the court may still confirm it through a 'cramdown' if the plan does not discriminate unfairly and is fair and equitable with respect to each class of claims or interests.
Liquidation under Chapter 11
When reorganization is not feasible, a Chapter 11 case might be converted into a Chapter 7 case, or a 'structured dismissal' can take place, resulting in the liquidation of the debtor's assets.
The Role of Creditors' Committees
Creditors' committees can be appointed to represent the interests of unsecured creditors, with powers to investigate the debtor's conduct and business operations, negotiate terms of reorganization, and more.
Confirmation of the Plan without a Disclosure Statement
In certain circumstances, such as small business cases, the court may approve a reorganization plan without a disclosure statement if it finds that the plan itself provides adequate information.
The Confirmation Process
After the reorganization plan is submitted, the court must confirm the plan. The confirmation process involves meeting certain requirements, such as feasibility, best interests of creditors, and compliance with the Bankruptcy Code.
Avoidance Powers
The debtor-in-possession has the ability to invalidate certain transactions made prior to bankruptcy, such as preference payments to creditors or transactions that were fraudulent.
Operating Reports
Debtors are generally required to file periodic operating reports with the court, detailing the debtor's business operations and financial transactions during the reorganization period.
Exit Financing
Exit financing allows a debtor to secure funding which enables the business to emerge from bankruptcy and continue operations, often with the aim of stabilizing and strengthening the business's financial health.
Disclosure Statement
The disclosure statement provides creditors and the court with sufficient information to evaluate the proposed plan of reorganization, including the company's assets, liabilities, and business projections.
Definition of Chapter 11 Bankruptcy
Chapter 11, often referred to as 'reorganization' bankruptcy, is a process by which a debtor, typically a corporation or partnership, undergoes a court-supervised reorganization of its business affairs, debts, and assets.
Eligibility for Chapter 11
Both businesses and individuals can file for Chapter 11 if they possess extensive debts or assets that exceed the limits of Chapter 13. There are no explicit debt limits for filing under Chapter 11.
Post-Petition Financing
Debtors may obtain new financing (DIP Financing) after filing for bankruptcy. Such financing often has super-priority status, meaning it gets paid out before most other claims.
341 Meeting of Creditors
Known as the 'meeting of creditors', this meeting allows creditors to question the debtor under oath about its assets, liabilities, and the proposed plan of reorganization.
Debtor-in-Possession (DIP)
The debtor in a Chapter 11 case continues to operate the business and holds the powers of a trustee, including the rights to continue business operations and to create and propose a plan of reorganization.
Priority of Claims
In a Chapter 11 case, claims and debts are prioritized, with secured creditors generally having the highest priority, followed by unsecured creditors and equity holders having the lowest priority.
Executory Contracts and Unexpired Leases
The debtor has the option to assume or reject executory contracts and unexpired leases. This choice can significantly impact the debtor's operations and financial position post-reorganization.
Conversion or Dismissal
A Chapter 11 case may be converted to Chapter 7 or dismissed altogether upon the request of stakeholders or the debtor, depending on the circumstances surrounding the bankruptcy.
The Automatic Stay
Upon filing a Chapter 11 petition, an automatic stay is triggered, which halts most lawsuits, foreclosures, and collection activities against the debtor while the bankruptcy case is pending.
The Role of the U.S. Trustee
The U.S. Trustee oversees the administration of the bankruptcy case, monitoring the debtor's operation, the proposed reorganization plan, and the activities of any creditors' committees.
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