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A debtor will remain a debtor in possession until the debtor's plan of reorganization is confirmed, the debtor's case is dismissed or converted to chapter 7, or a chapter 11 trustee is appointed. The appointment or election of a trustee occurs only in a small number of cases.
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.
If the court refuses to confirm any plan, the Chapter 11 case must either be dismissed or converted to Chapter 7.
The ?New N.Y. Government Reorganization and Citizen Empowerment Act? provides a process for voters to petition for a public vote on dissolving their local government. The new legislation requires the petition to be submitted to the clerk of the town containing the greatest portion of the entity to be dissolved.
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.
Not all businesses survive bankruptcy, but the goal of Chapter 11 is to allow a company to keep its doors open. Under Chapter 11, creditors have claims against the business which may entitle them to repayment of some kind. Creditors, debtors, and the court all have a role to play in the case's outcome.
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.