Texas Model Individual Chapter 11 Plan

State:
Texas
Control #:
TX-587
Format:
Word
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Description

Model Individual Chapter 11 Plan

The Texas Model Individual Chapter 11 Plan is a type of reorganization plan for individuals filing for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code. It is designed to enable individuals to restructure their finances and repay creditors in a manner that's both manageable and equitable. The plan is often used to propose a repayment plan that allows individuals to keep their home, vehicle, and other personal property while also providing for the repayment of all creditors in an orderly fashion. The Texas Model Individual Chapter 11 Plan is divided into two parts: the Disclosure Statement and the Plan of Reorganization. The Disclosure Statement provides creditors with the necessary information to make an informed decision about the plan. It includes information about the debtor's assets and liabilities, a statement of current income and expenses, a statement of the debtor's proposed budget, and a list of creditors who are to be paid. The Plan of Reorganization sets forth the debtor's proposed repayment plan and outlines the terms of the repayment plan, which typically includes a payment schedule, a payment amount, and the type of security being used to secure the repayment of the debt. The repayment plan must be approved by the court and creditors before it can go into effect. The Texas Model Individual Chapter 11 Plan is one of several types of reorganization plans available to individuals filing for bankruptcy protection. Other types of plans include the Chapter 12 Family Farmer Reorganization Plan, the Chapter 13 Wage Earner Plan, and the Chapter 11 Small Business Reorganization Plan.

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FAQ

Secured creditors like banks are going to get paid first. This is because their credit is secured by assets?typically ones that your business controls. Your plan and the courts may consider how integral the assets are that secure your loans to determine which secured creditors get paid first though.

The main difference between Chapter 11 and Chapter 13 is that a Chapter 13 bankruptcy requires that the debtor pay his or her debts within five years. On the other hand, Chapter 11 allows the filer to extend the five-year period unlike Chapter 13. Another difference is how much the Debtor has to pay creditors.

Does a Chapter 11 bankruptcy erase a business's debts? Not exactly. Creditors often have to accept less under a court-approved reorganization plan. But the idea is for the business to keep earning money so it can pay back as much as possible.

Chapter 11 bankruptcy is usually for corporations because of its complexity, but individuals can file too. The debtor usually keeps their assets and continues to operate the business while working on a plan to pay off the creditors.

Most Chapter 11 debtors receive a moratorium on the payment of most of their general unsecured debts for the period between the filing of the case and the confirmation of a plan. This period usually lasts for six to twelve months.

Almost any person or business is allowed to file for Chapter 11 bankruptcy. Because there are no limitations or requirements about the amount of debt or income for the entity doing the filing, Chapter 11 is available to most individuals, corporations, partnerships, joint ventures and limited liability companies.

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.

More info

A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Under the old law, one of the benefits of Chapter 11 was that a Chapter.However, under certain circumstances an individual debtor who has not completed payments under the plan may also receive a Chapter 11 discharge. One of the defining features of Chapter 11 bankruptcy includes the Plan of Reorganization. Our attorneys explain the process. U.S. bankruptcy law has two central aims. Sasser Law Firm helps businesses and individuals navigate the process of recovering from financial hardship and working toward a sustainable future. Special rules regarding post-confirmation plan modifications apply to individual chapter 11 debtors under section 1127(e). The business or individual has four months to come up with a reorganization plan, though that can be extended to 18 months. Chapter 13 is like Chapter 11 but for individuals.

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Texas Model Individual Chapter 11 Plan