Chapter 11 Bankruptcy Explained
- Chapter 11 bankruptcy is a legal process in the United States that grants businesses the opportunity to restructure their operations while protecting them from creditors’ immediate demands.
- The primary goals of Chapter 11 bankruptcy are twofold: to provide the debtor with an opportunity to reorganize its financial affairs and to maximize the return for creditors.
- The Chapter 11 process starts when the struggling company files a Chapter 11 bankruptcy petition with the appropriate federal bankruptcy court and includes filing a reorganization plan, imposing an automatic stay, and approving by creditors.
What is Chapter 11 Bankruptcy?
Chapter 11 bankruptcy, often referred to as “reorganization bankruptcy”, provides companies, both large and small, with the chance to rehabilitate their financial health while keeping their operations intact. This chapter allows a debtor (the company) to propose a plan that outlines how it will address its financial obligations, including repaying creditors over an extended period, reducing debts and restructuring operations for improved efficiency and profitability.
Objectives of Chapter 11
The primary goals of Chapter 11 bankruptcy are twofold: to provide the debtor with an opportunity to reorganize its financial affairs and to maximize the return for creditors. By granting the debtor a chance to revamp its operations and financial structure, Chapter 11 aims to facilitate the company’s return to profitability, safeguarding jobs and business continuity.
Process of Filing for Bankruptcy
The process starts when the struggling company files a Chapter 11 bankruptcy petition with the appropriate federal bankruptcy court. Upon filing, an “automatic stay” is imposed, halting most creditor actions against the company. This provides the debtor with temporary relief from creditor pressure allowing for formulation of a reorganization plan. The debtor is typically granted a limited period during which they can exclusively propose a reorganization plan which details how they will address their debts reduce costs streamline operations etc. Finally this plan has be approved by all creditors involved in order for it become effective.