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Indiana Disclosure Statement for Small Business Under Chapter 11

State:
Indiana
Control #:
IN-B-425B
Format:
PDF
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Disclosure Statement for Small Business Under Chapter 11

The Indiana Disclosure Statement for Small Business Under Chapter 11 is a document that is filed with the bankruptcy court in order to provide information about the debtor’s business. It includes details about the debtor’s assets, liabilities, business operations, and financial condition. The disclosure statement must be approved by the court before the debtor’s reorganization plan can be confirmed. The Indiana Disclosure Statement for Small Business Under Chapter 11 is divided into two parts. The first part is the Executive Summary which includes a brief description of the debtor's business, a summary of the debtor's assets and liabilities, and a description of the debtor's proposed reorganization plan. The second part is the Financial Analysis which includes financial statements, a list of the debtor's creditors, a description of the debtor's monthly operating expenses, and a statement of the debtor's estimated value of the business. There are three types of Indiana Disclosure Statement for Small Business Under Chapter 11: the Standard Disclosure Statement, the Summary Disclosure Statement, and the Individual Disclosure Statement. The Standard Disclosure Statement is the most comprehensive and is used for businesses with more than 150 creditors. The Summary Disclosure Statement is used for businesses with fewer than 150 creditors and contains fewer details than the Standard Disclosure Statement. The Individual Disclosure Statement is used when the debtor is an individual and provides information about the debtor's assets and liabilities.

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FAQ

Meanwhile, repayment to unsecured creditors is generally dependent on bankruptcy proceedings or successful litigation. An unsecured creditor must first file a legal complaint in court and obtain a judgment before proceeding with collection through wage garnishment and other types of liquidated borrower-owned assets.

What Is a Proof of Claim? A proof of claim is an essential element in the bankruptcy process. It documents your right as a creditor to repayment from the debtor. A debtor's chapter 11 bankruptcy filing may significantly impact a creditor and can jeopardize its ability to handle its own financial responsibilities.

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.

While the average length of a Chapter 11 Bankruptcy case can last 17 months, larger and more complex cases can take up to five years. And following the conclusion of the bankruptcy case, it can still take months for Debtors to begin distributing payouts to the highest priority class of Creditors.

Creditors' Rights for Unsecured Claims As an unsecured creditor, you can file a proof of claim, attend the first meeting of creditors, and file objections to the discharge. You can review the bankruptcy papers that were filed to determine whether there are any inaccuracies.

The unsecured creditor gets no such protection; its best method of repayment from its debtor is voluntary repayment. Otherwise, short of bankruptcy proceedings, the unsecured creditor must sue and win a judgment to get repaid on a defaulted debt.

Most Chapter 11 debtors receive a moratorium on the payment of most of their general unsecured debts for the period between the filing of the case and the confirmation of a plan. This period usually lasts for six to twelve months.

Unsecured personal loans can be eliminated or discharged through a bankruptcy filing. Unsecured loans are those not backed by your personal property. In addition, personal loans from friends, family, or employers are also eligible to be discharged.

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Indiana Disclosure Statement for Small Business Under Chapter 11