The Bankruptcy Process Explained‍

When a company owes you money and files for Chapter 11 bankruptcy, it can be confusing and concerning. This article breaks down what Chapter 11 is, why companies use it, and what it means for you as a claim holder. Understanding this process can help you set realistic expectations about recovering the money you are owed.

Disclaimer: The information in this article is for informational purposes only and is not legal advice. Xclaim is not a law firm. For legal advice tailored to your situation, please consult a qualified attorney.

What is a Chapter 11?

Chapter 11 is a type of bankruptcy that allows a company to reorganize its debts and assets under the supervision of a court. It’s commonly referred to as "reorganization" bankruptcy because the goal is to help businesses get back on their feet while keeping operations running.

Key Takeaways

• Business Continuity: Chapter 11 lets a company stay in business and restructure its finances.
• ‍Reorganization Plans: The company must propose a plan that benefits its creditors. If it fails, creditors can propose their own plan.‍
• Notable Examples: Major companies like General Motors and United Airlines have successfully used Chapter 11 to reorganize.

How They Work

Chapter 11 is defined in the U.S. Bankruptcy Code, which allows companies to seek protection while they work on a plan to pay their debts. Here’s how it typically unfolds:

• Filing for Chapter 11: The company submits a petition to the bankruptcy court, which gives it time to reorganize without immediate pressure from creditors.
• Debtor in Possession: The company remains in control of its operations, known as a "debtor in possession." However, major decisions (like selling assets) require court approval.
• Trustee Involvement: If there’s evidence of fraud or mismanagement, the court may appoint a trustee to oversee the company.

The company has the first opportunity to propose a reorganization plan, which may involve cutting costs or renegotiating debts. If the plan is deemed feasible and fair by the court, it will be approved, allowing the process to move forward.

The Role of the Debtor in Possession

In Chapter 11, the debtor becomes the "debtor in possession," meaning they retain control of their assets and manage their business. They perform many trustee functions, like maintaining financial records and reporting to the court. The debtor in possession must comply with various duties, including hiring professionals to assist in the process.

• Debtors manage their own bankruptcy case.
• They report regularly to the court.
• Professional assistance may be employed as needed.

Chapter 11 and Small Businesses

In 2019, the Small Business Reorganization Act introduced Subchapter V to simplify the Chapter 11 process for small businesses. This change was made to help businesses with debts under approximately $2.7 million—temporarily increased to $7.5 million due to the CARES Act.

• Shorter Timelines: Subchapter V offers faster deadlines for completing the bankruptcy process.
• Greater Flexibility: Small businesses have more options for negotiating restructuring plans with creditors.
• Private Trustee: A trustee is appointed to facilitate the development of a consensual reorganization plan.

Given that Chapter 11 can be expensive and complex, many companies consider it only after exploring other options.

What is Means for Creditors

As a claim holder, it’s essential to understand how Chapter 11 impacts your ability to recover debts:

• Potential Delays: The bankruptcy process can take time, and it may take a while before you see any repayment.
• Creditors’ Rights: You may have the opportunity to vote on the proposed reorganization plan, which can influence the outcome.
• Plan Acceptance: If the company proposes a feasible plan that is accepted, you may receive payments according to the terms of that plan

FAQs

What Are the Different Chapters of the U.S. Bankruptcy Code?

There are several chapters, including Chapter 7 (liquidation), Chapter 9 (for municipalities), Chapter 11 (reorganization), Chapter 12 (for family farmers), Chapter 13 (individual reorganization), and Chapter 15 (international cases).

How Does Chapter 11 Compare to Chapter 7?

Chapter 7 involves liquidating assets to pay creditors, while Chapter 11 allows businesses to reorganize and maintain control over their operations, as long as they follow an approved plan.

What Are the Advantages of Chapter 11?

The main advantage is that the company can continue operating and generating revenue while working through its debts, which often results in higher repayment rates for creditors.

What Are the Disadvantages of Chapter 11?

It can be the most complex and expensive type of bankruptcy, which may create additional challenges for companies already facing financial difficulties.

Conclusion

Chapter 11 bankruptcy provides a crucial lifeline for businesses struggling with debt. While it allows companies to restructure and continue operating, it also introduces complexities for claim holders waiting for repayment. Understanding this process will help you navigate the timeline and manage your expectations regarding recovering any owed funds. If you're a claim holder, staying informed about the proceedings and potential outcomes will serve you well.

Xclaim can help

Billions of dollars of claims are created in reorganizations every year. The process is often opaque and confusing to creditors who may have only one bankruptcy claim over their entire business career. Retaining a professional or attorney to manage a claim is often a disproportionate cost for creditors. It also increases short term cash outflows. Selling a claim provides a cash inflow, which derisk a situation which is not a core business risk. Using a marketplace like X-claim helps bring more buyers to your claim and improves the offer for your claim. Visit https://www.x-claim.com to register to sell your claim today.