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Chapter 11 bankruptcy
CODE


PARVESH AGHI
What is Bankruptcy?
» Bankruptcy is a federal court process that
  helps individuals and businesses repay their
  debts under the protection of the bankruptcy
  court (Chapter 13 Bankruptcy) or wipe their
  debts out altogether (Chapter 7 Bankruptcy).
» When you file for bankruptcy, an automatic
 stay goes into effect which prohibits your
 creditors from taking action to collect the debt
 without the approval of the court



                                                 2
» There are two basic types of bankruptcies:
» liquidation or reorganization.
» In the US, liquidation is known as Chapter 7
 Bankruptcy, which refers to the chapter of the
 bankruptcy law that allows your assets to be
 sold off (liquidated) to pay creditors.
» Reorganization is most commonly known as
  Chapter 13 Bankruptcy.



                                                  3
» Chapter 11 is a chapter of the United
  States Bankruptcy Code, which permits
  reorganization under the bankruptcy laws of
  the United States.
» Chapter 11 bankruptcy is available to
 every business, whether organized as
 a corporation or sole proprietorship, and to
 individuals, although it is most prominently
 used by corporate entities.
» In contrast, Chapter 7 governs the process of
  a liquidation bankruptcy, while Chapter
  13 provides a reorganization process for the
  majority of private individuals.




                                                  5
» Chapter 11 is one of the chapters of the US
  Bankruptcy Code that provides protection to
  debtors.
» Chapter 11 bankruptcy is almost exclusively
 used by businesses due to the expense and
 complexity of the process.
» Chapter 11 bankruptcy is appropriate when a
  business needs to restructure the debts it has
  and reorganize its finances so it can stay
  open.
» As an alternative to Chapter 7, which would
  require a business to liquidate, Chapter 11
  allows a business to keep many of its assets.




                                                  7
» Chapter 11 bankruptcy involves the financial
  reorganization of a business, which may be a
  complex and extensive process.
» As soon as a company files for Chapter 11,
 all collection activities must cease. This stay
 will remain in effect throughout the
 bankruptcy process.
» The process of Chapter 11 begins with the
  creation of a plan.
» The debtor or debtors involved may propose the
 repayment and reorganization plan or, after a
 period of time (usually around 120 days), the
 creditors may propose a plan as well.
» The plan may allow the debtor to cancel
 contracts.
» The value of shares owned if the stock is publicly
  traded may also be cancelled, leaving the
  shareholders with nothing.
» Any plan that is created must be approved by
  the creditors, and if there are multiple plans
  sometimes the creditors are given the
  opportunity to vote on the plan that is put into
  place.




                                                 10
» A trustee will be involved throughout the
  reorganization process as well.
» The trustee will help to ensure that priority
  claims are paid, that assets are managed
  properly, and that the reorganization proceeds
  as it should.
» If the owners are not managing the assets
 properly, the trustee may take more control or
 someone else may be put in charge of the
 assets.

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Chapter 11 ppt

  • 2. What is Bankruptcy? » Bankruptcy is a federal court process that helps individuals and businesses repay their debts under the protection of the bankruptcy court (Chapter 13 Bankruptcy) or wipe their debts out altogether (Chapter 7 Bankruptcy). » When you file for bankruptcy, an automatic stay goes into effect which prohibits your creditors from taking action to collect the debt without the approval of the court 2
  • 3. » There are two basic types of bankruptcies: » liquidation or reorganization. » In the US, liquidation is known as Chapter 7 Bankruptcy, which refers to the chapter of the bankruptcy law that allows your assets to be sold off (liquidated) to pay creditors. » Reorganization is most commonly known as Chapter 13 Bankruptcy. 3
  • 4. » Chapter 11 is a chapter of the United States Bankruptcy Code, which permits reorganization under the bankruptcy laws of the United States. » Chapter 11 bankruptcy is available to every business, whether organized as a corporation or sole proprietorship, and to individuals, although it is most prominently used by corporate entities.
  • 5. » In contrast, Chapter 7 governs the process of a liquidation bankruptcy, while Chapter 13 provides a reorganization process for the majority of private individuals. 5
  • 6. » Chapter 11 is one of the chapters of the US Bankruptcy Code that provides protection to debtors. » Chapter 11 bankruptcy is almost exclusively used by businesses due to the expense and complexity of the process. » Chapter 11 bankruptcy is appropriate when a business needs to restructure the debts it has and reorganize its finances so it can stay open.
  • 7. » As an alternative to Chapter 7, which would require a business to liquidate, Chapter 11 allows a business to keep many of its assets. 7
  • 8. » Chapter 11 bankruptcy involves the financial reorganization of a business, which may be a complex and extensive process. » As soon as a company files for Chapter 11, all collection activities must cease. This stay will remain in effect throughout the bankruptcy process.
  • 9. » The process of Chapter 11 begins with the creation of a plan. » The debtor or debtors involved may propose the repayment and reorganization plan or, after a period of time (usually around 120 days), the creditors may propose a plan as well. » The plan may allow the debtor to cancel contracts. » The value of shares owned if the stock is publicly traded may also be cancelled, leaving the shareholders with nothing.
  • 10. » Any plan that is created must be approved by the creditors, and if there are multiple plans sometimes the creditors are given the opportunity to vote on the plan that is put into place. 10
  • 11. » A trustee will be involved throughout the reorganization process as well. » The trustee will help to ensure that priority claims are paid, that assets are managed properly, and that the reorganization proceeds as it should. » If the owners are not managing the assets properly, the trustee may take more control or someone else may be put in charge of the assets.