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A successful Chapter 11 reorganization permits the debtor to restructure its debt, sell off selected assets, trim costs, discharge debts, and obtain new financing, while temporarily staying most pre- petition creditors.
Chapter 11 is named after a section of the U.S. Bankruptcy Code. Companies that file Chapter 11 do so in order to obtain time to restructure their debts and make a fresh start. The terms are subject to the debtor fulfilling its obligations under the plan of reorganization. 1.
Debts have different degrees of priority. The debts that must be repaid in Chapter 13 are priority debts including child support, alimony, certain taxes, and wages owed to employees. Your plan must also address your secured debts. Secured debts are those that are secured by collateral, such as a mortgage or car loan.
Under Chapter 11, the company's management still oversees daily operations, but must submit more major decisions to the bankruptcy court for approval. While a company is in Chapter 11, its stock may still have some value, but its price will likely have fallen dramatically and will have stopped paying dividends.
A proof of claim is a form submitted by a creditor in order to receive money from a debtor who has filed for bankruptcy. The document provides notice of the claim to all of the other relevant parties involved in the bankruptcy, including the court, the debtor, and any other creditors.
This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.
A Proof of Claim must include any pertinent documentation, such as promissory notes, purchase orders, contracts, invoices, delivery receipts or security agreements. Other documentation might include monthly statements, pay records and ledgers.
Chapter 11 is the most common type filed, which is a reorganization of a debtor's business matters and assets, and requires time to restructure their debts. When the business has filed for Chapter 11, an automatic stay comes into effect, which means that creditors are not allowed to collect on outstanding debt.