Chapter 11 Bankruptcy
Reorganization under the Bankruptcy Code.
Business Reorganization Bankruptcy. Chapter 11
Bankruptcy Can Save Your Business. Chapter 11 also can be used when your
unsecured debts exceed the amount allowed under chapter 13. The
downside of chapter 11 is the cost. The filling fee is $1039 and
attorney fees is normally two to three times that of a chapter 13 for
non-business filers and for a small business it is not uncommon to run six
to ten times the amount of chapter 11.
Chapter 11 allows a business like yours to continue to
operate while reorganizing its finances. This is an option
individuals who own unincorporated businesses may file for Chapter 11
protection, as well as partnerships, corporations and other forms of
business entities.
The debtor usually retains possession and
control of its business, but is held to the standards of a fiduciary.
In other words, the debtor must be responsible under Chapter 11
Bankruptcy. The debtor is allowed an exclusive right to file a Plan
of Reorganization with the Bankruptcy Court along with a Disclosure
Statement within 120 days following the filing of its Bankruptcy Petition.
Upon the filing of a Disclosure Statement and
Plan of Reorganization, the Court holds a hearing to determine if the
Disclosure Statement contains adequate financial information for creditors
to vote for or against the proposed Plan. Upon approval of the Disclosure
Statement, ballots are mailed to the creditors. The debtor hopes to obtain
more than fifty percent (50%) of the votes of each creditor class and at
least two thirds (2/3rds) of the dollars represented by the voting
creditors in favor of the proposed Plan. This way one half of the
voters on the plan must have at least 66.6% of the debt.
Business
Bankruptcy, Chapter 11. Reorganization Bankruptcy
Even if there are no votes against the
proposed Plan, the Court will hold a Confirmation Hearing and must find
that the Plan is feasible, is proposed in good faith and that the Plan is
in compliance with the Bankruptcy Code and is not likely to be followed by
liquidation or a need for further financial reorganizations.
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Business Reorganization Bankruptcy. Chapter
11Can Save Your Business, Call Today!
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