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An unsecured creditor with a nonpriority claim must be paid at least as much as the creditor would have received had the debtor filed under Chapter 7, and the payments need not be in cash. Nonpriority claims may be paid in cash, property, or securities of the debtor or the successor to the debtor under the plan.
Chapter 11 doesn't dissolve the obligation to pay employees It does not relieve them or alter their typical obligation to pay their employees. They must continue to send paychecks for the normal amount and at the normal time.
Secured creditors like banks are going to get paid first. This is because their credit is secured by assets?typically ones that your business controls. Your plan and the courts may consider how integral the assets are that secure your loans to determine which secured creditors get paid first though.
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.
Chapter 11 Reorganization and Investor Compensation When a Chapter 11 filing doesn't result in a Section 363 sale, however, it may provide a small glimmer of hope for investors seeking to recoup at least some of their money. That's because reorganization plans sometimes include provisions for shareholder relief.
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.
A reorganization under Chapter 11 normally means the organization will continue normal business operations under the protection of the court until the time it is able to resolve its financial affairs. The filing of a Chapter 11 reorganization should have no direct impact on payment of employee wages.
Chapter 11 bankruptcy is usually for corporations because of its complexity, but individuals can file too.