THE CHAPTER ELEVEN BANKRUPTCY PROCESS
Chapter 11 Bankruptcy is a reorganization bankruptcy that is typically used by corporations to restructure their debt or liquidate their assets. Individuals are eligible for Chapter Eleven Bankruptcy although Chapters Thirteen Bankruptcy and Seven Bankruptcy are much more frequently used by them to accomplish their objectives within Bankruptcy. Chapter 11 Bankruptcy is significantly more expensive and time consuming for the Debtor. For instance, attorney fee retainers can start at about five thousand to ten thousand dollars for very small cases, plus the $830 filing fee.
- A business may restructure secured obligations or simply eliminate them.
- Unsecured debts may be paid based on a new payment plan at any amount from zero to one hundred percent.
- Leases may be rejected or kept.
- Priority debts like the IRS may be restructured and paid over six years from the date of assessment.
Basically, in many Chapter Elevens the legal issues are very complex. A business may not be able to use receivables and current cash reserves to continue running the business without permission from the Bankruptcy Court or Creditor involved. Since voting is required to confirm most plans, complex rules exist regarding formation of “classes” to try and achieve a successful confirmation vote. Many Chapter Eleven Bankruptcy plans have to overcome objections by the United States Trustee of feasibility, since all plans have to make financial sense given past business troubles.
Rather than try to cover more of the many issues in this brief space, I recommend that if you have further questions to call me and discuss the particulars of your situation. I am always happy to help.
The above information is provided as general information only and not intended to suffice as legal advice upon which you can rely for your particular situation. In the event that you have specific questions you are advised to contact Mr. Noyes.
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