Georgia Plan of Reorganization

State:
Multi-State
Control #:
US-CC-7-267
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Plan of Reorganization document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.

A Georgia Plan of Reorganization refers to a legal process that allows individuals or businesses in Georgia to restructure their financial affairs and debts in order to regain control of their finances. It is typically utilized when an entity faces significant financial distress and seeks relief from its creditors. In Georgia, there are various types of Plans of Reorganization available, depending on the specific needs and circumstances of the debtor. Here are some of the common types: 1. Chapter 11 Reorganization: This type of plan primarily applies to businesses, including corporations, partnerships, and limited liability companies. Chapter 11 allows the debtor to continue its operations while proposing a plan to reorganize its affairs, reduce debt, and modify contracts with creditors. The goal is to ultimately emerge from bankruptcy with a feasible and sustainable financial structure. 2. Individual Reorganization under Chapter 13: This plan is designed for individuals or self-employed individuals who have a regular income and wish to restructure their debts. Chapter 13 allows debtors to propose a repayment plan to their creditors, typically spanning three to five years, in order to discharge a portion of their debts and reorganize their financial obligations. 3. Small Business Reorganization under Subchapter V of Chapter 11: In response to the COVID-19 pandemic, the Small Business Reorganization Act (SARA) was enacted, creating a new subchapter within Chapter 11 of the bankruptcy code. This plan specifically targets small businesses with total debts below a certain threshold (currently $7.5 million) and aims to expedite the reorganization process while reducing costs. 4. Plan of Reorganization for Nonprofit Organizations: Nonprofit organizations facing financial distress can utilize a specific plan of reorganization tailored to their needs. These organizations must demonstrate that their continued operation is in the best interest of the public and provide a detailed strategy to repay their debts and restructure their operations effectively. Regardless of the specific type of Plan of Reorganization, the debtor is required to prepare a comprehensive proposal that outlines their financial standing, assets, liabilities, and a detailed plan for repayment or reorganization. The proposal must be approved by the appropriate bankruptcy court after ensuring that it complies with the relevant laws and regulations. In summary, the Georgia Plan of Reorganization is an essential legal process that enables businesses and individuals to regain control over their finances and restructure their debts. By providing a tailored approach for different types of debtors, Georgia law offers various avenues for reorganization, facilitating a path towards financial stability.

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FAQ

The discharge received by an individual debtor in a Chapter 11 case discharges the debtor from all pre-confirmation debts except those that would not be dischargeable in a Chapter 7 case filed by the same debtor.

When you file for Chapter 7 bankruptcy, the state of Georgia allows a $5,000 car exemption. This means that if you have less than $5,000 of equity in your car, you will be able to keep it. In addition, Georgia allows a wild card exemption of up to $5,000.

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills.

Also known as plan. A comprehensive document prepared by a debtor or another party in interest detailing how the debtor will continue to operate or liquidate, and how it plans to pay the claims of its creditors over a fixed period of time.

? income can vary month to month, and the means test finds the average. Your figure should include not only your wages, but also rental income, child support, alimony, pension or other regular monthly income. Social Security income does not count.

The district court or the bankruptcy court may waive the chapter 7 filing fee for an individual debtor who: (a) has income less than 150 percent of the income official poverty line applicable to a family of the size involved; and (b) is unable to pay that fee in installments.

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

Chapter 12 is designed for "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers and fishermen to propose and carry out a plan to repay all or part of their debts.

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(c) Filing Report of Balloting and Proof of Service. At least three Business Days prior to the hearing on confirmation, the plan proponent must file the Report ... A plan of reorganization is proposed, creditors whose rights are affected may vote on the plan, and the plan may be confirmed by the court if it gets the ...The court requires that a plan of reorganization in a Chapter 12 be filed within 90 days of the filing of the petition. You can always ask for extensions, but ... FOR THE NORTHERN DISTRICT OF GEORGIA. ATLANTA DIVISION. In re ... the requirement to file a retention application or fee application with the Bankruptcy Court); ... Section 33-13A-3 - Reorganization plans (a) A domestic mutual insurer, upon approval of the Commissioner, may reorganize by forming an insurance holding ... Jul 21, 2020 — Generally, filers have an exclusive right to file a plan of reorganization for four months after the Chapter 11 case is filed. Filers may be ... After the Department receives notice of the bankruptcy, it may file a Proof of Claim with the Bankruptcy Court listing the debtor's debts owed to the Department ... by U Files — The PCGenesis reorganization job accomplishes the following tasks: • Creates a copy of K:\SECOND as K:\SECONDX and reorganizes all VISION indexed files. Access bankruptcy records. Find the information you need about bankruptcies, including bankruptcies in your area of the country. Get more information here. Chapter 11 bankruptcy can take between six months and two years to complete. Reorganization Plan and Process. Central to a Chapter 11 bankruptcy is the ...

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Georgia Plan of Reorganization