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Tag Archives: chapter 11

Creating a Chapter 11 Plan That Is Likely to Win Confirmation

A Chapter 11 plan is essentially a contract between a company and its creditors, governing how the company’s debt will be reorganized and managed during the Chapter 11 case. Every plan must go through court approval, which generally requires that it be workable and in the best interests of creditors. In fact, creditors who believe […]

Advantages of an Individual Debtor Choosing Chapter 11 Instead Chapter 13

A common misconception is that only businesses can use Chapter 11 for debt reorganization. But in fact, individuals seeking bankruptcy protection can use Chapter 11 to get back on their feet financially by completing a repayment plan over an extended period of time. Chapter 11 can sometimes be a more advantageous alternative than Chapter 13, […]

When Is a “Chapter 22” an Effective Remedy for a Company?

The informal term “Chapter 22” is used to describe a second Chapter 11 filing after a company falls short of emerging successfully from the first one. This can happen for various reasons, often related to unfulfillment of assumptions or expectations underlying the original Chapter 11 plan. Unlike other types of bankruptcy, there is usually no […]

Subchapter V Can Protect Personal Assets During a Small Business Wind Down

Small business is a critical component of the U.S. economy. However, starting a business is risky and many ventures fail. Startups and even businesses of some duration may be partially capitalized by the owners’ personal funds and debt obligations. When the business ceases to operate, the owners can be left with crushing debt burdens. Fortunately, […]

Preparing for a Successful Chapter 11 Bankruptcy

A Chapter 11 bankruptcy — also called restructuring or reorganization — is filed by a company that cannot pay outstanding debts from its current revenue or existing assets. Rather than closing the doors, the company can remain in business by restructuring its debts so that it will ultimately become economically viable. Outstanding debts are repaid, […]

Weighing Chapter 11 and Chapter 13 as Bankruptcy Options for Small Business Owners

A small business depends on its goodwill and name recognition, which are viable assets only if the business stays in operation. If your company is having financial difficulty but could turn the corner to profitability with some help, restructuring your debt through bankruptcy could be your best option. Depending on your circumstances, a Chapter 11 […]

Deciding What Type of Business Bankruptcy to File

Opening a small business is exciting but risky. According to the Bureau of Labor Statistics, about 20 percent of small businesses fail in the first year. By the end of year five, 50 percent have failed. And after 10 years, 70 percent have gone out of business. For many small business owners, seeking bankruptcy protection […]

The Importance of Business Valuations in Chapter 11 Bankruptcies

When a business seeks debt reorganization under Chapter 11, assessments must be made of the assets, debts, claims and general worth of the company. These valuations are difficult in normal times. The recession caused by the COVID-19 pandemic has added greater complexity. With the upheaval in financial markets, it is all the more critical to […]

Chapter 11 Relief Is Well-Suited to Times of Economic Crisis

The COVID-19 pandemic has been financially devastating to individuals and businesses alike. The purpose of Chapter 11 bankruptcy is to give companies in financial crisis the ability to continue operating while restructuring their debt payments over time. In short, it gives a business the pause it needs to catch its breath and start working to […]

In Bankruptcy, GT Advanced Attempts to Expose Apple’s Disclosure Requirements

GT Advanced Technologies, the company that was to supply Apple with scratch-resistant sapphire, is attempting to expose some of the details of its Chapter 11 bankruptcy filing. Originally, the company wanted to seal certain documents or file them in redacted forms. The information GT Advanced now seeks to release would allegedly describe the partnership with […]


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