Chapter 11 Bankruptcy

CHAPTER 11 BUSINESS REORGANIZATION

Chapter 11 bankruptcy is most often associated with business reorganization. Chapter 11 however is also available for individuals who are not in business. Chapter 11 is the most complex type of bankruptcy but also the most flexible and powerful. Unlike Chapter 13 Chapter 11 is not limited to a 5-year repayment plan. Rather one can restructure debts for much longer periods even as long as 30 years if the loan is secured in some cases. Chapter 11 bankruptcy though associated with restructuring an ongoing business can also be used to sell assets and liquidate a business or assets that belong to the debtor.

FIDUCIARY RESPONSIBILITY OF THE MANAGEMENT

In a Chapter 11 bankruptcy the debtor retains its present management and is charged with the fiduciary responsibilities of a trustee for the benefit of creditors. Unlike a Chapter 13 there is no independent trustee appointed to administer the case, rather the company continues to run under the auspices of the bankruptcy court and is authorized to continue its regular operations in the ordinary course of business.

REORGANIZATION PLAN

As is the case with other bankruptcy chapters a Chapter 11 Bankruptcy filing will have the effect of stopping foreclosure, creditor lawsuits, repossessions or other collection activity. The debtor has a limited time to try to make the business work if the plan is to reorganize, before a repayment plan is required to be proposed. The time periods will depend to some extent on the type of case and on the nature of the business. Small business cases and single asset real estate cases have shorter time periods to propose plans and obtain approval than in large multi-asset cases.

Unlike Chapter 13, the Chapter 11 plan is not a standard plan. The plan needs to be approved together with a disclosure statement that describes the plan and the treatment for each group or class of creditors and provides for how the plan will be effectuated. The Court must approve the disclosure statement before it is disseminated in all but small business cases. Once approved the disclosure statement is sent to creditors and shareholders for a vote. At least one group of impaired creditors must accept the plan by having 50 percent in number and 66.66 percent in amount for each class of creditors to accept the plan. Before it can be sent to creditors the Court must find that the plan and disclosure statement contain adequate information for the creditors to decide whether to vote for the plan.

THE NEED OF BANKRUPTCY LAWYER FOR BUSINESS BANKRUPTCY

Needless to say the Chapter 11 process is complicated and requires significant amount of experience to bring a client through the Chapter 11 successfully. At Broumas Law Group our bankruptcy lawyer has experience filing all types of Chapter 11 cases and preparing and obtaining approval of Chapter 11 plans and disclosure statements for small businesses, individuals and large corporations.