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1 The automatic stay applies to individual debtors, to businesses, and to all of the chapters of the bankruptcy code. The automatic stay does not apply to non-debtor entities, such as corporate affiliates, corporate officers, co-defendants, or guarantors.
The Disadvantages of Chapter 11 Bankruptcy Loss of Privacy. ... Financial Record-Keeping & Reporting Requirements. ... Profitability Requirements. ... Some Loss of Control Over Business Operations. ... Restrictions on Compensation of Debtor's Insiders. ... Possible Loss of Shareholder Control. ... The Cost.
Chapter 7 cases are typically only filed voluntarily by the debtor. The primary purpose of a Chapter 11 bankruptcy is to give business entities and individuals with large amounts of debt an opportunity to reorganize their financial affairs.
Chapter 11, which is more expensive than Chapter 7, is typically intended for medium- to large-sized businesses, but smaller businesses and sole proprietors may also want to consider this type of bankruptcy. Unlike Chapter 7, Chapter 11 does not liquidate assets, only restructures debts.
Chapter 7 is a liquidation: Trustee will collect and then sell off debtor's non-exempt assets to pay off debts. Chapter 11 and 13 are reorganization: Debtor will keep most of his property but will use future income (earnings) to pay off debts.
To qualify for Chapter 7 bankruptcy, the debtor can be a corporation, a small business, or an individual. Individuals are also eligible for another form of bankruptcy, Chapter 13, in which the debtor agrees to repay at least a portion of their debts over a three- to five-year period under court supervision.