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If
a debtor owes sums in excess of the limits of a Chapter
13, and a Chapter 7 is not an option, a Chapter 11 Bankruptcy
may be filed to reorganize and stay in business. A Chapter
11 Bankruptcy is a viable option where there is a reorganizable
business that has the assets and cash flow to propose
a plan acceptable to its creditors which will allow
the business to reorganize by the restructuring of its
debt so it can continue in operation pursuant to the
terms of the proposed plan.
The
ultimate goal of the filing of a Chapter 11 is to emerge
as a reorganized business that will be successful and
profitable enough to pay out the proposed terms to creditors.
In a successful Chapter 11, debtors generally reduce
expenses and try to generate excess sales in an effort
to provide more payments to creditors that would otherwise
be received if the business were liquidated in a Chapter
7 proceeding.
A
Chapter 11 is more complicated, and therefore more expensive,
for the reason that this option is designed to reorganize
debtors of any size. In order to emerge as a confirmed
debtor, the legal requirements of Chapter 11 must be
met. The plan as proposed must be approved by the required
number and type of creditors, or approved by Court Order.
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