Florida Adjustments in the event of reorganization or changes in the capital structure

State:
Multi-State
Control #:
US-CC-18-354C
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.

How to fill out Adjustments In The Event Of Reorganization Or Changes In The Capital Structure?

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FAQ

Section 1141(d)(1) generally provides that confirmation of a plan discharges a debtor from any debt that arose before the date of confirmation. After the plan is confirmed, the debtor is required to make plan payments and is bound by the provisions of the plan of reorganization.

Companies often choose reorganization if they are having financial troubles, have new owners or staff, or are going through structural changes. Some businesses may restructure as a way to prepare for a sale, buyout, or merger.

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.

Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy.

Chapter 11 can allow a business that is experiencing serious financial difficulties to regroup and get back on track. However, it is complex, costly, and time-consuming. For these reasons, a company must consider Chapter 11 reorganization only after careful analysis and exploration of all other possible alternatives.

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.

Credit Score Impact After Discharge Once a Chapter 11 filing has been discharged, the impact it has on a person's credit score will depend greatly on how well they manage their finances and whether or not the individual is able to keep up with creditors' terms throughout the life of the bankruptcy.

Examples Of Chapter 11 Bankruptcy While Chapter 11 bankruptcies may appear to be a lot more successful than Chapter 7 situations, history shows that most companies entering Chapter 11 don't survive either. Less than 10% of Chapter 11 filings have actually been successful.

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Florida Adjustments in the event of reorganization or changes in the capital structure