Individual Chapter 11 Discharge

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Description

Individual Chapter 11 Discharge

An Individual Chapter 11 Discharge is a court order that releases an individual debtor from personal liability for certain types of debts. It is issued by the court at the end of the debtor's repayment plan. This type of discharge is available to individuals who have filed for Chapter 11 bankruptcy. There are two types of Individual Chapter 11 Discharge: a full discharge and a limited discharge. A full discharge relieves the debtor from all debts, including those that were not addressed in the repayment plan. A limited discharge releases the debtor from liability for debts that have been paid in full through the repayment plan and for any other debts that are specified in the court order.

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FAQ

A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains ?in possession,? has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.

While the average length of a Chapter 11 Bankruptcy case can last 17 months, larger and more complex cases can take up to five years. And following the conclusion of the bankruptcy case, it can still take months for Debtors to begin distributing payouts to the highest priority class of 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.

In a Chapter 11 case filed by an individual (i.e., a natural person), a discharge is granted by the court separately, after the completion of payments under the plan. A discharge is a court order relieving the debtor from liability for certain debts.

Business owners and individuals struggling under the weight of debt may find new life under Chapter 11 bankruptcy. Commonly called reorganization bankruptcy, Chapter 11 allows businesses to continue operating while the business owner and creditors reorganize the debts so the business can be profitable once again.

The Disadvantages of Chapter 11 Bankruptcy Loss of Privacy.Financial Record-Keeping & Reporting Requirements.Profitability Requirements.Some Loss of Control Over Business Operations.Restrictions on Compensation of Debtor's Insiders.Possible Loss of Shareholder Control.The Cost.

Like all negative information reported to the credit bureaus, filing any type of bankruptcy will have a negative impact on your credit score. Since a bankruptcy filing is public record, they will find out, even if they're not directly notified by the bankruptcy court.

In individual chapter 11 cases, and in cases under chapter 12 (adjustment of debts of a family farmer or fisherman) and 13 (adjustment of debts of an individual with regular income), the court generally grants the discharge as soon as practicable after the debtor completes all payments under the plan.

More info

A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. A chapter 11 bankruptcy discharge is still valid if the debtor fails to carry out the plan as long as the court does not revoke the order of confirmation.Section 1141(d)(1) generally provides that confirmation of a plan discharges a debtor from any debt that arose before the date of confirmation. A discharge under this chapter does not discharge a debtor who is an individual from any debt excepted from discharge under section 523 of this title. Issues that were unique to individual Chapter 11 cases under the old law. If you successfully complete your bankruptcy plan you will receive a discharge of debt. Once the debtor has fulfilled the obligations in the plan, the remaining debts are discharged. In a cramdown plan approved under section 1191(b), the debtor's discharge does not occur until the completion of the plan payments. Chapter 13's debt limits pose a barrier to entry"). Full Payment Before Discharge.

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Individual Chapter 11 Discharge