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Common Chapter 11 Plans -
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Individual Debtor Plans The most common individual Chapter 11 debtor is the time-honored reorganization. Hope springs eternal in the hearts of the downtrodden debtor. The debtor wants to keep everything he has, exempt and nonexempt, and believes that with just "a little more time", he will be able to banish his financial demons. His plan often provides that he will:
Corporate Debtor Plans
In a typical corporate Chapter 11 debtor
plan, similar provisions appear, with a further clause stating that
the existing equity security holders (shareholders) shall retain their
interests in the company. In other words, the debtor company will
keep operating as it has in the past, with maybe a few minor tweaks,
and will unburden Creditor Plans A typical creditor plan, on the other hand, is not so forgiving or sentimental as the usual debtor plan. It will usually have a provision for the sale of the debtor's business as a going concern within a relatively quick period, immediate payoff of secured debt from the proceeds of the sale, perhaps some nominal payment to unsecured creditors via a "carve-out" from the secured creditor's collateral, a cessation of the debtor as a going concern and cancellation all of the equity securities. In other words, adios debtor, it has been nice knowing you. | - Debtor in Possession - The Examiner - Reorganization/Debtor - Chapter 11 Trustee - Creditors Committee - Finances - Filing Lawsuits - Creditors' Rights - Dismissal/Conversion - Selling of Assets - Reorganization Plan - Plan Procedures - Plan Provisions - Claims - Common Plans - Payment of Interest - Chapter 11 Attorney - Sitemap / Chapter 11 |