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A Chapter 11 reorganization provides many benefits for troubled companies, including much-needed relief from unsustainable debt levels, the ability to unravel burdensome contracts, and breathing room to develop a plan.
Priority claims must be paid first before other debts after a Chapter 11 bankruptcy is confirmed. These payments must be made in cash, unless a creditor agrees to or chooses another method of payment.
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.
After a Chapter 11 plan is confirmed by the court, the plan must be implemented and carried out, either by the debtor or by the successor to the debtor under the plan. If the plan calls for the debtor to be reorganized or for a new corporation to be formed, this function must be carried out first.
Creditors typically do not receive recovery until 30 to 90 days from the court's confirmation of the Plan of Reorganization.
Reorganization Proceedings means any voluntary or involuntary liquidation or dissolution of, or any bankruptcy, reorganization, insolvency, receivership, assignment for the benefit of creditors or similar proceeding relating to, Company, any other Borrower or any Guarantor.
Under a Chapter 11 reorganization, a company usually keeps doing business and its stock and bonds may continue to trade in our securities markets. Since they still trade, the company must continue to file SEC reports with information about significant developments.
11 U.S.C. § 1104(b). The case trustee is responsible for management of the property of the estate, operation of the debtor's business, and, if appropriate, the filing of a plan of reorganization.
A key part of any Chapter 11 case is the debtor's plan of reorganization. The plan of reorganization outlines how the debtor will pay back creditors over time. In order to move forward with the plan of reorganization, the creditors must accept it and the court must confirm it.
Chapter 11 can include a certain amount of downsizing and liquidation, but many businesses can survive this process and reorganize successfully.