Questions About Chapter 11 Bankruptcy
Chapter 11 is a bankruptcy that allows a failing business to attempt to reorganize in a way that can keep the business alive.
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Business Bankruptcy
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Chapter 11 is for business, not private individuals. Private individuals who want to adjust their debts should look at Chapter 13.
Automatic Stay
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The automatic stay is a legal cut-off point for all creditors' debt collection activities. As soon as a business files for Chapter 11 bankruptcy the creditors must immediately stop all collection activities, including letters, phone call, repossessions and foreclosures.
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Reorganization Plan
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The crux of Chapter 11 is the preparation of a reorganization plan. This plan outlines what debts the business intends to pay off, how the business will pay off the debts, and how the business will restructure to continue earning a profit.
Court Approval Required
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The business submits the reorganization plan, but the plan is only effective if the court, meaning the bankruptcy judge, approves the plan. A judge will only approve a plan if it is fair, reasonable and likely to be successful.
Involuntary Bankruptcy
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Most bankruptcies are voluntary, meaning the debtor chooses to declare bankruptcy. Sometimes, though, a creditor can force a debtor into bankruptcy if the creditor can satisfy the complex legal requirements for doing so.
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