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Indiana Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships)

State:
Indiana
Control #:
IN-B-309F
Format:
PDF
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Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships)

The Indiana Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships) is a legal document that is filed with the United States Bankruptcy Court in order to initiate a business reorganization under Chapter 11 of the Bankruptcy Code. This notice informs creditors of the business’s bankruptcy filing and outlines the legal rights of creditors and debtors in the bankruptcy process. The Notice is an important part of the bankruptcy process and must be filed by the debtor in order to officially commence the case. There are two types of Indiana Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships): the Voluntary Notice and the Involuntary Notice. The Voluntary Notice is filed by the debtor themselves, while the Involuntary Notice is filed by creditors in order to force the debtor into bankruptcy. Both notices must be filed with the court and provide details about the debtor’s assets and liabilities, the proposed reorganization plan, and the creditors’ legal rights in the bankruptcy case. The Notice must also include a statement of intention to file a plan of reorganization. The filing of the Indiana Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships) kicks off the bankruptcy process. This includes the formation of a creditors’ committee, the appointment of a trustee, the negotiation of a reorganization plan, and the eventual confirmation or denial of the plan by the court. During the process, the debtor will be required to complete several administrative tasks, such as filing monthly operating reports and attending court hearings.

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FAQ

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.

Page 1. Official Form 309F1 (For Corporations or Partnerships) Notice of Chapter 11 Bankruptcy Case. 10/20. For the debtor listed above, a case has been filed under chapter 11 of the Bankruptcy Code.

Discharge of Debt Under A Chapter 11 Bankruptcy There are, of course, exceptions to the general rule that an order confirming a plan operates as a discharge. Confirmation of a plan of reorganization discharges any type of debtor ? corporation, partnership, or individual ? from most types of pre-petition debts.

The Bottom Line In general, Chapter 11 is better for investors than Chapter 7. But in either case, don't expect much. Relatively few companies undergoing Chapter 11 proceedings become profitable again after a reorganization; even if they do, it is rarely a quick process.

Corporations, partnerships, and sole proprietors can file Chapter 11 bankruptcy. Chapter 7 and Chapter 13 bankruptcies are more appropriate for individual filers.

A business going through Chapter 11 often downsizes as part of the process, but the objective is reorganization, not liquidation. Some companies don't survive the Chapter 11 process, but many others, including household names such as Marvel Entertainment and General Motors, successfully emerge and thrive.

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.

In individual chapter 11 cases, and in cases under chapter 12 (adjustment of debts of a family farmer or fisherman) and 13 (adjustment of debts of an individual with regular income), the court generally grants the discharge as soon as practicable after the debtor completes all payments under the plan.

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Indiana Notice of Chapter 11 Bankruptcy Case (For Corporations or Partnerships)