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Unless the court orders otherwise, the debtor also must file with the court: schedules of assets and liabilities; a schedule of current income and expenditures; a schedule of executory contracts and unexpired leases; and.
The reorganization proposal must provide structure as to how the business will continue to operate. Normally, the plan will include information about downsizing the business, negotiating debts, and liquidating assets within the business.
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.
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.
Unlike other types of consumer bankruptcy, Chapter 11 bankruptcy does not strictly define what will happen to debts. Certain types of debts (such as student loans, unpaid child support, and unpaid taxes) are not dischargeable, so if these are part of the bankruptcy, the plan must include a way to pay those back.
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.
A Chapter 11 reorganization plan outlines how a debtor proposes to pay off its outstanding debts. For most businesses who seek Chapter 11 bankruptcy, a reorganization plan will also propose a restructuring of operations to ensure that bankruptcy provides a more permanent solution to the debtor's financial problems.
In order to obtain approval of a plan of reorganization, all claims against the debtor are divided into classes of creditors, e.g., secured, priority, etc. A plan will generally be approved if it is accepted by creditors representing at least two-thirds in amount and one-half of all claims, within each class.