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Understanding how to file for bankruptcy chapter 11 is helpful information for anyone considering whether to file for this particular chapter of bankruptcy. It’s also important to know that Chapter 11 bankruptcy, the most complex type of bankruptcy, involves a detailed process with multiple stages that may take a year or more to complete. Working with an experienced Chapter 11 attorney is crucial, because of the complexity of the process from filing through conclusion.
Chapter 11, known as reorganization bankruptcy, is a process established by Chapter 11 of the United States Bankruptcy Code through which a business or individual may obtain bankruptcy protection while remaining in possession of assets and continuing business operations. The complex Chapter 11 process enables a business to reorganize, restructure, and reduce debt over time.
There is no required debt limit or income eligibility requirement for Chapter 11. Businesses of all types may file. After successful completion of a Chapter 11 bankruptcy, a business can emerge with streamlined operations and eliminate the burden of various financial and legal issues.
There are many situations that give rise to the need for Chapter 11 bankruptcy. The most common is overwhelming debt. But any situation that creates significant financial distress may make Chapter 11 a viable bankruptcy option.
Most Chapter 11 cases are filed by businesses, but individuals may also be able to reduce debt through the process. Small businesses that meet specific criteria may qualify for a streamlined Chapter 11 process called Subchapter V. At Wernick Law, we provide comprehensive Chapter 11 representation for businesses, small businesses, and individuals in Florida.
This discussion provides an overview of how to file for standard Chapter 11 bankruptcy for a Florida business. For individuals and small businesses, the process differs from the business process summarized here.
In all cases, the Chapter 11 process is detailed, complicated, and time-consuming. Specific requirements and timelines apply throughout the proceeding. If you consider filing this type bankruptcy, you should talk with a knowledgeable Chapter 11 bankruptcy lawyer before you file, to be certain you fully understand the process and your obligations under the Bankruptcy Code.
The process begins when a business files a petition for Chapter 11 bankruptcy in federal bankruptcy court where the debtor has a domicile, residence, or principal place of business. There are specific official forms that must be used to file a Chapter 11 petition. Additional information must accompany the petition, including:
Filing the petition creates an automatic stay that prohibits most creditors from pursuing payment requests, collections, eviction, foreclosure, and other property seizure and collection processes.
After filing, the petitioner becomes a debtor-in-possession, maintaining control over the business assets and operations. The debtor has specific responsibilities for filing reports with the court, responding to creditor claims, and other processes. The office of the United States Trustee monitors the activities of the debtor. Unlike other types of bankruptcy, the trustee does not take control of the assets. However, in certain circumstances, the United States Trustee, or a creditor may seek the appointment of a trustee to take control over the debtor and its operations.
The clock starts ticking as soon as the petition is filed. Detailed requirements and timelines relating to filing and processing a Chapter 11 reorganization plan apply immediately.
The first few weeks after the petition is filed are especially critical, as the debtor often must seek court permission to take specific actions relating to continuation of business operations. Certain motions may accompany the petition or be filed immediately after the petition. These motions are referred to as first-day or second-day motions, because they are heard by the court within the first few days after the petition is filed.
Within 14 days, the Office of the U.S. Trustee forms the official creditors’ committee for the bankruptcy case. The creditors’ committee is responsible for making decisions of all unsecured creditors involved in the case. The 341 meeting of creditors is held approximately 30 to 60 days after the petition is filed. At this meeting, the trustee and creditors’ committee members who attend the meeting question the debtor concerning matters relating to income, debts, assets, and other issues.
Unless an extension is requested and received, a Plan of Reorganization and a Disclosure Statement must be submitted to the court within 120 days of the petition filing. The reorganization plan includes a classification of claims and proposes how each class will be paid. The disclosure statement contains information about the debtor’s assets, liabilities, and business affairs of the debtor sufficient to enable a creditor to make an informed judgment about the reorganization plan.
After the court reviews and approves the disclosure statement, the committee reviews the reorganization plan and may request modifications. Extensive negotiations and discussions frequently take place, involving many details of the reorganization plan. Eventually, the debtor files a modified pan with the court. After the creditors’ committee votes on the modified plan, the court reviews the plan to determine whether it meets legal requirements and specific criteria for confirmation (approval) by the court.
As the preceding summary makes clear, the Chapter 11 process and the proceedings that occur throughout are very detailed and complicated. At any point, the bankruptcy court may dismiss the case or convert it to a Chapter 7 liquidation bankruptcy.
While legal representation does not ensure success in a Chapter 11 case, guidance from a knowledgeable lawyer is essential to a successful outcome. Even before a petition is filed, an experienced Chapter 11 lawyer provides a full assessment of the considerations and consequences to a business owner considering the Chapter 11 process.
Making a fully informed decision before you file for Chapter 11 is absolutely imperative, particularly in view of the complicated process that filing a petition triggers. The potential adverse consequences of filing a petition without the benefit of sound legal counsel are substantial and include a significant possibility of making mistakes that completely derail the process.
Wernick Law welcomes Florida businesses, individuals, and referring professionals wishing to learn more about the firm’s Chapter 11 reorganization bankruptcy practice to schedule a consultation by calling 561-961-0922 or using the online contact form. Based in Boca Raton, Wernick Law serves clients in South Florida (including West Palm Beach, Broward County, and Miami), Southwestern Florida (including Naples and Fort Myers), Tampa, Orlando, Jacksonville, and elsewhere in the state.
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