Wisconsin Agreement and plan of reorganization

State:
Multi-State
Control #:
US-CC-3-211C
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Agreement and Plan of Reorganization document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.
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FAQ

Reorganization vs Liquidation In a reorganization, the debtor retains ownership of its assets and continues business operations while renegotiating debt repayments with creditors. In a liquidation, the creditors seize control of the debtors assets and sell them to pay off the debt.

In Chapter 11 bankruptcy, debts are restructured in a way that debt repayment becomes more achievable. In Chapter 7 bankruptcy, which is the most common form of bankruptcy, many debts are forgiven, and a variety of personal assets are sold ? liquidated ? to repay as many remaining debts as possible.

Recovery Rate by Bankruptcy Outcome In other words, Creditors generally recovered half of their original claim value on an average basis. Creditors were able to recover an average of 57.4% on their claims from Debtors who successfully emerged from Ch. 11 through court-confirmed reorganization.

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 shortest possible answer is this: Yes. In some cases. But don't get your hopes up. Only about 10% of Chapter 11 filings result in success; far more often, they end up in Chapter 7 straight bankruptcy, in which the company closes and its assets are sold to pay back secured creditors.

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.

Background. A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a "reorganization" bankruptcy. Usually, the debtor remains ?in possession,? has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.

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Wisconsin Agreement and plan of reorganization