This form is an order to finally approve a disclosure statement.
Arkansas Order Finally Approving Disclosure Statement and Confirming Plan - B 15S
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US-B-15S
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FAQ
Although a company may emerge from bankruptcy as a viable entity, generally, the creditors and the bondholders become the new owners of the shares. In most instances, the company's plan of reorganization will cancel the existing equity shares.
Under Chapter 11 procedures, Secured Creditors will receive payment before the next class of Creditors?those with unsecured claims. Secured claims can be oversecured, meaning the collateral is worth more than the debt, or undersecured, meaning the debt is worth more than the value of the collateral.
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.
An unsecured creditor with a nonpriority claim must be paid at least as much as the creditor would have received had the debtor filed under Chapter 7, and the payments need not be in cash. Nonpriority claims may be paid in cash, property, or securities of the debtor or the successor to the debtor under the plan.
Only "new" shares?those issued by the reorganized company under a new trading symbol?have value. Investors should understand that buying common stock of companies in Chapter 11 bankruptcy is extremely risky and can lead to financial loss.
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 reorganization under Chapter 11 normally means the organization will continue normal business operations under the protection of the court until the time it is able to resolve its financial affairs. The filing of a Chapter 11 reorganization should have no direct impact on payment of employee wages.
Under Chapter 11 bankruptcy, a business or person generally gets to keep most of their assets, though the debtor could propose to sell many of their assets as part of the reorganization plan. In fact, a business owner could choose to sell the entire business under Chapter 11 bankruptcy.
Chapter 11 and Chapter 7 Creditor Recoveries Claims To begin, proceeds first get distributed to the most senior class of creditors until each class is paid in full before moving onto the next class and so forth, until there are no remaining proceeds left.
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.