CHAPTER 11
(BUSINESS REORGANIZATION)


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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