The law stipulates that a business petitioning for bankruptcy under Chapter 11 must provide the bankruptcy court with complete financial disclosure. This means that the organization or their attorney must provide a complete and detailed inventory of the organization's assets, liabilities, and financial status and affairs.
In contrast to other forms of bankruptcy, Chapter 11 allows the debtor to act as his own trustee. In Chapter 7 and Chapter 13 bankruptcy proceedings, a trustee is appointed by the court.
When a debtor functions as a trustee in a Chapter 11 bankruptcy, they are referred to as a """"debtor in possession"""" because the trustee maintains possession of the property. The court may, however, appoint a different trustee if just cause is shown, such as mismanagement of the business entity.
The business and its bankruptcy counsel attend a meeting with the entity's creditors approximately one month after filing for bankruptcy. In accordance with Chapter 11 bankruptcy law, the company must also submit monthly activity reports detailing its income and expenses. In addition to a summary in the form of a balance sheet and a profit-and-loss statement for the period, these reports also include a balance sheet and a profit-and-loss statement.
Chapter 11 law permits the debtor to file a financial plan within four months of submitting a new bankruptcy petition to the Federal bankruptcy court. After that point, the company's creditors are permitted to submit their proposals.
The Chapter 11 law also mandates that the debtor's plan include a detailed disclosure statement describing the company's financial situation and future plans. The following are examples of areas that are disclosed:
- A summary of the company's history and the primary reason for filing for bankruptcy.
- the assets and liabilities of the company;
- the income and expenditures of the business; a
- a description of how the company treats its creditors
- an analysis of asset liquidation; prospective earnings projections
- anticipated tax consequences;
- a discussion of the entity's available options
- and lastly, a repayment strategy for the debts.
According to Chapter 11 bankruptcy law, the reorganization plan can stipulate that the company must continue to operate in order to make payments from future earnings, new loans, or the sale of existing assets. Priority claims holders, including tax debts, are required to receive full payment.
In addition to requiring complete payment, secured claims must also include interest. Other non-priority, unsecured debts receive dividend payments at least equal to the amount that would have been granted under a Chapter 7 filing.""
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