North Carolina Plan of Reorganization
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How to fill out Plan Of Reorganization?
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FAQ
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.
During a Chapter 11 proceeding, the court will help a business restructure its debts and obligations. In most cases, the company remains open and operating. Many large U.S. companies have filed for Chapter 11 bankruptcy at one time or another to stay afloat.
The reorganization proposal must provide structure as to how the business will continue to operate. Normally, the plan will include information about downsizing the business, negotiating debts, and liquidating assets within the business.
The filing of a Chapter 11 petition stays (suspends) actions by creditors to recover the debtor's property. This automatic stay suspends certain legal actions against the debtor or the debtor's property, including the ability of creditors to foreclose on assets given as collateral for their loans to the debtor.
Also known as plan. A comprehensive document prepared by a debtor or another party in interest detailing how the debtor will continue to operate or liquidate, and how it plans to pay the claims of its creditors over a fixed period of time.
If the debtor fails to meet the repayment requirements, the trustee can ask the court to dismiss the case or convert it to a Chapter 7 liquidation.
In a Chapter 11 reorganization bankruptcy, debtors can keep their assets while developing a plan to repay their debts and, in some cases, obtain a discharge of certain eligible debts. For this reason, debtors are also referred to as debtors-in-possession.
Who Can File a Plan. The debtor (except for a "small business debtor") has a 120-day period during which it has an exclusive right to file a plan. 11 U.S.C. § 1121(b). This exclusivity period may be extended or reduced by the court.