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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 voidable transaction by the business in distress can include the payment of money or transfer of property. For example, imagine that a business has not paid their goods supplier for the last three months. After a formal notice from the supplier, the business pays back all the money that was due.
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.
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.
The main 'voidable' transactions in the BVI that can be annulled or set aside are: unfair preferences; transactions at undervalue; voidable floating charges; and.