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The subchapter went into effect in 2020. It gives small businesses that are earning a profit, but having trouble paying their obligations, a simplified process for paying down their debt. Businesses that file under Subchapter 5 can force creditors to accept court-approved repayment plans of three to five years.
Not all businesses survive bankruptcy, but the goal of Chapter 11 is to allow a company to keep its doors open. Under Chapter 11, creditors have claims against the business which may entitle them to repayment of some kind. Creditors, debtors, and the court all have a role to play in the case's outcome.
In a Chapter 11 bankruptcy or ?reorganization,? the employer remains in business and tries to reorganize and emerge from bankruptcy as a financially sound company. Many employees may remain at work and continue to be paid and receive benefits. However, some may be laid off.
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.
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.
Chapter 11 reorganization is not necessarily terminal for a business. It can provide relief from unsustainable debt levels, the ability to unravel burdensome contracts, and breathing room to develop a plan. Once a debtor and its creditors reach agreement, the business starts fresh with a new balance sheet.