Louisiana Statement of Current Monthly Income for Use in Chapter 11 - Post 2005
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How to fill out Statement Of Current Monthly Income For Use In Chapter 11 - Post 2005?
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FAQ
Unlike chapter 7, chapter 11 is not a liquidation of the debtor's assets. Rather, it is a reorganization of existing assets, principally as debt. The confirmed chapter 11 plan becomes a contract between the debtor and creditors, governing their rights and obligations; see In re Nylon Net Company.
The Reorganization Process. Throughout a Chapter 11 reorganization, a debtor continues to operate in the ordinary course of business. Any activities outside of the ordinary course of business, such as selling the entire company or raising postpetition financing, require Bankruptcy Court approval.
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.
It's important to note that an individual's personal assets may be used to pay creditors in a Chapter 11 bankruptcy case. Owners of corporations do not have to worry about having their assets included in the case, but sole proprietors or partners in a partnership may have their assets included in the filing.
After filing for Chapter 11, the company's stock will be delisted from the major exchanges. Common stock shareholders are last in line to recover their investments, behind bondholders and preferred shareholders. As a result, shareholders may receive pennies on the dollar, if anything at all.
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.
The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.