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More specifically, the right of the lender to take possession of the secured equipment is not hampered by the automatic stay provisions of the U. Confirmation[ edit ] If the judge approves the reorganization plan and if the creditors all agree the plan can be confirmed. The standard feature of executory contracts is that each party to the contract has duties remaining under the contract. Debtors may "emerge" from a chapter 11 bankruptcy within a few months or within several years, depending on the size and complexity of the bankruptcy.
Individuals may file Chapter 11, but due to the complexity and expense of the proceeding, this option is rarely chosen by debtors who are eligible for Chapter 7 or Chapter 13 relief. In the event of a rejection, the remaining parties to the contract become unsecured creditors of the debtor.
Such contracts may include labor union contracts, supply or operating contracts with both vendors and customersand real estate leases. Appointment of a trustee requires some wrongdoing or gross mismanagement on the part of existing management and is relatively rare.
Upon its confirmation, the plan becomes binding and identifies the treatment of debts and operations of the business for the duration of the plan. Studies on the impact of forestalling the creditors' rights to enforce their security reach different conclusions. While the automatic stay is in place, creditors are stayed from any collection attempts or activities against the debtor in possession, and most litigation against the debtor is stayed,  or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue.
In Chapter 11, unless a separate trustee is appointed for cause, the debtor, as debtor in possession, acts as trustee of the business. It follows that it may be more economically efficient to allow a troubled company to continue running, cancel some of its debts, and give ownership of the newly reorganized company to the creditors whose debts were canceled.
On the NASDAQ the identifying fifth letter "Q" at the end of a stock symbol indicates the company is in bankruptcy formerly the "Q" was placed in front of the pre-existing stock symbol; a celebrated example was Penn Centralwhose symbol was originally "PC" and became "QPC" after the company filed Chapter 11 in The court will grant a motion to convert to chapter 7 or appoint a trustee if either of these actions is in the best interest of all creditors.
Executory contracts[ edit ] Some contracts, known as executory contractsmay be rejected if canceling them would be financially favorable to the company and its creditors. Many stocks that are delisted quickly resume listing as over-the-counter OTC stocks.
Debtors are also protected from other litigation against the business through the imposition of an automatic stay.
If the debtor proposes a plan within the day exclusivity period, a day exclusivity period from the date of filing for chapter 11 is granted in order to allow the debtor to gain confirmation of the proposed plan. All creditors are entitled to be heard by the court. Sometimes a company will liquidate under chapter 11, in which the pre-existing management may be able to help get a higher price for divisions or other assets than a chapter 7 liquidation would be likely dating for debtors achieve.
A debtor in possession can acquire financing and loans on favorable terms by giving new lenders first priority on the business's earnings. One controversy that has broken out in bankruptcy courts concerns the proper amount of disclosure that the court and other parties are entitled to receive from the members of the ad hoc creditor's committees that play a large role in many such proceedings.
Most importantly, 11 U. A preplanned, preagreed approach between the debtor and its creditors sometimes called a pre-packaged bankruptcy may facilitate the desired result.
As a general rule, administrative expenses the actual, necessary expenses of preserving the bankruptcy estate, including expenses such as employee wages, and the cost of litigating the chapter 11 case are paid first. Airways filed for bankruptcy twice  leaving the AFL-CIO pilot unions and other airline employees claiming the rules of Chapter 11 have helped turn the USA into a corporatocracy.
An example is the airline industry in the United States; in over half the industry's seating capacity was on airlines that were in Chapter The debtor in possession typically has the first opportunity to propose a plan during the period of exclusivity. Under some circumstances, some creditors, otherwise the United States Trustee can request for the court converting the case into a liquidation under chapter 7, or appointing a trustee to manage the debtor's business.
If the case is dismissed, creditors will look to non-bankruptcy law in order to satisfy their claims. Alternatively, the business can be sold as a going concern with the net proceeds of the sale distributed to creditors ratably in accordance with statutory priorities.
Rationale[ edit ] In enacting Chapter 11 of the Bankruptcy code, Congress concluded that it is sometimes the case that the value of a business is greater if sold or reorganized as a going concern than the value of the sum of its parts if the business's assets were to be sold off individually.
A company undergoing Chapter 11 reorganization is effectively operating under the "protection" of the court until it emerges.
If the business is insolventits debts exceed its assets and the business is unable to pay debts as they come due,  the bankruptcy restructuring may result in the company's owners being left with nothing; instead, the owners' rights and interests are ended and the company's creditors are left with ownership of the newly reorganized company.
An example of proceedings that are not necessarily stayed automatically are family law proceedings against a spouse or parent. Further, creditors may file with the court seeking relief from the automatic stay. Section [ edit ] Section 11 U.
This period allows the debtor days from the date of filing for chapter 11, to propose a plan of reorganization before any other party in interest may propose a plan. The Bankruptcy Code accomplishes this objective through the use of a bankruptcy plan. For instance the claims of suppliers of products or employees of a company may be paid before other unsecured creditors are paid.
Considerations[ edit ] The reorganization and court process may take an inordinate amount of time, limiting the chances of a successful outcome and sufficient debtor in possession financing may be unavailable during dating crown trifari economic recession.
In Chapter 11, in most instances the debtor remains in control of its business operations as a debtor in possessionand is subject to the oversight and jurisdiction of the court. It provides additional tools for debtors as well. If a plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in the best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy.
Actual share value does not reach zero unless the probability of restructuring is so low that a Chapter 7 filing is sure to follow. Any residual amount is returned to the owners of the company.
The court may also permit the debtor in possession to reject and cancel contracts.
In order to be confirmed over their objection the plan must not discriminate against that class of creditors, and the plan must be found fair and equitable to that class. For example, in some districts a contract for deed is an executory contract, while in others it is not.
The automatic stay requires all creditors to cease collection attempts, and makes many post-petition debt collection efforts void or voidable.
If at least one class of creditors votes against the plan and thus objects, the plan may nonetheless be confirmed if the requirements of cramdown are met. In this way, jobs may be saved, the previously mismanaged engine of profitability which is the business is maintained presumably under better management rather than being dismantled, and, as a proponent of a chapter 11 plan is required to demonstrate as a precursor to plan confirmation, the business's creditors end up with more money than they would in a Chapter 7 liquidation.
In Chapter 7, the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Each priority level must be paid in full before the next lowest priority level may receive payment.