GENERAL SUMMARY OF CHAPTER 11 BUSINESS REORGANIZATION
The Chapter 11 bankruptcy is similar to a Chapter 13 Bankruptcy in that it also stops all creditor collection activity while you come up with a plan to repay your debts. Although the debtor has more flexibility with a Chapter 11 Bankruptcy, it is generally too costly for the typical individual debtor. The Chapter 11 Bankruptcy is generally used only by businesses and those with debt far in excess of the typical person.
ADDITIONAL
INFORMATION FROM
ADMINISTRATIVE OFFICE OF THE UNITED STATES BANKRUPTCY COURTS
Explaining Bankruptcy under chapter 11
Reorganization Under The Bankruptcy Code - Chapter 11
A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy.
Background
An individual may
file under chapter
11; however, the provisions of chapter 11 are generally used to
reorganize
a business. Chapter 11 allows the debtor to continue its business
operations
by means of a plan of reorganization, which must meet certain statutory
criteria. By enacting chapter 11, Congress gave the debtor a chance to
restructure its finances so that it may continue to operate, provide
its
employees with jobs, pay its creditors, and produce a return for its
stockholders.
Because chapter 11 envisions an ongoing business, the most likely
persons
to have knowledge of the operation and details of the business are the
existing managers who normally continue operations during the chapter
11
process. A major rationale for business reorganizations is that the
value
of a business as an ongoing concern is greater than it would be if its
assets were sold. When a business develops financial difficulties, such
as not being able to pay its creditors due to cash flow problems, it,
may
consider filing a chapter 11 bankruptcy. If the business can extend or
reduce its debts or drastically lower its operating costs, it often can
be returned to a viable state. Generally, it is more economically
efficient
to reorganize than to liquidate, because doing so preserves jobs and
assets.
Cooperation among the various interests is crucial to a successful
reorganization.
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