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If your company owes a current employee wages when it files for Chapter 11, then the employee's paychecks should not be interrupted. The company will ask the court's permission to keep paying its employees as long as it stays in business.
In order to file a subchapter V case, the debtor must be engaged in commercial or business activities (other than primarily owning or operating a single piece of real property) with combined total secured and unsecured debts of $7,500,000 or less, not less than 50 percent of which arose from the commercial or business ...
The person filing for bankruptcy is the one who pays for the bankruptcy, either the individual or the creditor in a forced bankruptcy.
The subchapter V debtor shall file a plan not later than 90 days after the petition date, except that the court may extend the period ?if the need for the extension is attributable to circumstances for which the debtor should not justly be held accountable.? 11 U.S.C. § 1189(b).
In order to qualify for Subchapter V, a putative debtor must: (i) be a person; (ii) be engaged in commercial or business activities; and (iii) have aggregate noncontingent liquidated secured and unsecured debts of not more than $7,500,000, excluding debts owed to affiliates or insiders.
Also known as plan. A comprehensive document prepared by a debtor or another party in interest detailing how the debtor will continue to operate or liquidate, and how it plans to pay the claims of its creditors over a fixed period of time.
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 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.