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However, Section 109 of the Code permits and courts agree that individual debtors not engaged in business may file for relief under chapter 11. This usually occurs when an individuals debt exceeds the statutory debt ceiling (see: 11 U.S. Code 109 ) for chapter 13 of the Bankruptcy Code .
Chapter 11 of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals also can seek relief in Chapter 11.
Background. A case filed under chapter 11 of the United States Bankruptcy Code is frequently referred to as a reorganization bankruptcy. Usually, the debtor remains in possession, has the powers and duties of a trustee, may continue to operate its business, and may, with court approval, borrow new money.
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