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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.
What is the Difference Between Chapter 11 & Chapter 13 Bankruptcies? The main difference between Chapter 11 and Chapter 13 is that a Chapter 13 bankruptcy requires that the debtor pay his or her debts within five years. On the other hand, Chapter 11 allows the filer to extend the five-year period unlike Chapter 13.
Chapter 11, which is more expensive than Chapter 7, is typically intended for medium- to large-sized businesses, but smaller businesses and sole proprietors may also want to consider this type of bankruptcy. Unlike Chapter 7, Chapter 11 does not liquidate assets, only restructures debts.
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.
Ingly, the central goal of chapter 11 is to create a viable economic entity by reorganizing the debtor's debt structure. Unlike chapter 7, chapter 11 is not a liquidation of the debtor's assets. Rather, it is a reorganization of existing assets, principally as debt.
"Cram down" simply means the process by which the bankruptcy court can, as part of the confirmation of a Chapter 12 Bankruptcy Plan, force treatment upon an objecting creditor, provided the Plan otherwise meets all of the other confirmation criteria under Section 1225 of the Bankruptcy Code.
Chapter 10 was a type of corporate bankruptcy filing that was eventually retired due to its complexity. Chapter 10, originally known as ?Chapter X,? listed the processes and procedures for bankruptcies involving corporations.