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Planning for Reorganization in a Chapter 11 Bankruptcy

Planning for Reorganization in a Chapter 11 Bankruptcy

As per Lawkidunya, Chapter 11 Bankruptcies are often filed by businesses or high net-worth individuals. The goal of a debtor who files for Chapter 11 is to preserve his or her assets through the process of reorganization. You can also become what’s called a debtor-in-possession, which means that you can continue to run your business.

What Happens in a Chapter 11 Bankruptcy?
The company’s creditors are not allowed to pursue debts or claims that arose before the bankruptcy petition was filed. For 120 days after filing for Chapter 11, the business has the exclusive right to file a reorganization plan, and the business has 180 days to persuade creditors to accept its plan.

What is a Chapter 11 Reorganization?
This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.

How Long does it take to File Bankruptcy Chapter 11?
This is scheduled about thirty to forty-five days after the filing of your case. This is a public hearing that will give your creditors an opportunity to question you under oath regarding your bankruptcy petition. In Chapter 11 cases it generally lasts one to two hours.

Do Creditors get Paid in Chapter 11?
In some cases, the “best interests” test requires the debtor to pay all of its creditors in full. Most Chapter 11 debtors, however, are financially underwater and can meet the “best interests” test by paying creditors only a fraction of what they owe. Fair and Equitable. The plan also must be “fair and equitable.”

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