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Also known as plan. A comprehensive document prepared by a debtor or another party in interest detailing how the debtor will continue to operate or liquidate, and how it plans to pay the claims of its creditors over a fixed period of time.
What must a reorganization plan provide for?
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.
What is normally required before a reorganization plan can be implemented?
Before a plan of reorganization can be circulated for voting among creditors, the debtor must seek court approval of a disclosure statement containing adequate information. A typical disclosure statement describes the events that led the debtor to bankruptcy, the major events that occurred during the bankruptcy case,
Who operates the business and develops a plan of reorganization?
1104(b). The case trustee is responsible for management of the property of the estate, operation of the debtors business, and, if appropriate, the filing of a plan of reorganization.
Who votes on a Chapter 11 plan?
Plan voting is done on a class-by-class basis. Assuming the other confirmation standards are met, a plan may be confirmed if each impaired class of claims and interests votes to accept the plan ( 1129(a)(8), Bankruptcy Code).
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What elements must be included in a Chapter 11 reorganization plan?
Section 1123(a)(1) provides that a chapter 11 plan must designate classes of claims and interests for treatment under the reorganization. Generally, a plan will classify claim holders as secured creditors, unsecured creditors entitled to priority, general unsecured creditors, and equity security holders.
Who votes on plan of reorganization?
Who Will Vote on My Plan? Once you submit your plan of reorganization, creditors who are impaired (that is, those that will receive less than the full value of the submitted claim) will be allowed to vote by ballot. At least one class of impaired creditors must accept the plan before the court can confirm it.
What if a creditor does not agree to a plan of reorganization?
If no proposed plan of reorganization is approved by the court, the debtor, case trustee, and creditors may submit revised plans. Alternatively, the Bankruptcy Administrator can seek to dismiss the Chapter 11 bankruptcy case or convert the case to Chapter 7.
What is the purpose of a reorganization proceeding?
A reorganization is a docHub and disruptive overhaul of a troubled business intended to restore it to profitability. It may include shutting down or selling divisions, replacing management, cutting budgets, and laying off workers.
What is a sub rosa plan of reorganization?
Related Content. A transaction entered into in a bankruptcy case that acts as a de facto Chapter 11 plan of reorganization and evades or subverts the requirements of the Bankruptcy Code, including those for plan confirmation and the absolute priority rule.
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