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Kentucky Order Conditionally Approving Disclosure Statement

State:
Kentucky
Control #:
KY-SKU-0353
Format:
PDF
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Description

Order Conditionally Approving Disclosure Statement

A Kentucky Order Conditionally Approving Disclosure Statement is a document issued by the court in the state of Kentucky that grants conditional approval for the disclosure of a debtor’s financial statements. This document is usually issued during the course of a bankruptcy proceeding. The order will typically set forth the conditions which must be met for the disclosure to be made, such as providing a copy of the documents to creditors, the United States Trustee, and the court. The order also outlines the timeframe in which the disclosure must be made, and the consequences of failing to comply with the order. There are two types of Kentucky Order Conditionally Approving Disclosure Statement: one for Chapter 7 and one for Chapter 11 bankruptcies.

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FAQ

If a disclosure statement is conditionally approved, and no timely objection to the disclosure statement is filed, it is not necessary for the court to hold a hearing on final approval.

The automatic stay requires creditors to cease actions against the debtor and the debtor's property as described in 11 U.S.C. § 362(a). The automatic stay remains in effect until the case is closed or dismissed or, in an individual case, until the granting or denial of the debtor's discharge, whichever happens first.

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.

Under Ch. 11, these Creditors are lawfully entitled to repayment, and thus have a Bankruptcy Claim against the Debtor in the case. The Bankruptcy Court, the Debtor, and the Creditors all play a part in the process to determine the outcome of the case.

Once the debtor has fulfilled the obligations in the plan, the remaining debts are discharged. That means that the debtor no longer owes the debt, and creditors cannot make an effort to collect them. With the debts wiped out, the debtor can begin to recover their financial and credit health.

Does a Chapter 11 bankruptcy erase a business's debts? Not exactly. Creditors often have to accept less under a court-approved reorganization plan. But the idea is for the business to keep earning money so it can pay back as much as possible.

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.

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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Kentucky Order Conditionally Approving Disclosure Statement