It also permits the creditors to take a more active role in fashioning the liquidation of the assets and the distribution of the proceeds than in a chapter 7 case. Adversary proceedings may take the form of lien avoidance actions, actions to avoid preferences, actions to avoid fraudulent transfers, or actions to avoid post-petition transfers. Is there a material risk that by deferring the sale, the patient will die on the operating table? The contents of the plan must include a classification of claims and must specify how each class of claims will be treated under the plan. The court, after notice and hearing, may revoke a confirmation order "if and only if the [confirmation] order was procured by fraud. In addition, the debtor must mail to the creditors and equity security holders entitled to vote on the plan or plans: Upon filing a voluntary petition for relief under chapter 11 or, in an involuntary case, the entry of an order for relief, the debtor automatically assumes an additional identity as the "debtor in possession. Indeed, even in cases where a substantial portion of the business is sold, the ultimate value to general, unsecured creditors is often derived from the liquidation of other assets. Under section f , a debtor can sell its property free and clear of interests if: Among other things, the committee: By avoiding a particular transfer of property, the debtor in possession can cancel the transaction and force the return or "disgorgement" of the payments or property, which then are available to pay all creditors.
The proportionate value of the asset to the estate as a whole. The fees must be paid to the clerk of the court upon filing or may, with the court's permission, be paid by individual debtors in installments. Disclosure and Plan Confirmation Requirements In the 34 years since Lionel, section b asset sales have become common practice in large-scale corporate bankruptcies. A chapter 11 trustee or debtor in possession has a number of responsibilities to perform after confirmation, including consummating the plan, reporting on the status of consummation, and applying for a final decree. Moreover, the longer a company takes to reorganize, the greater the administrative expenses that must be satisfied prior to a return to general unsecured creditors. Indeed, even in cases where a substantial portion of the business is sold, the ultimate value to general, unsecured creditors is often derived from the liquidation of other assets. And while most Chapter 11 filings don't include liquidation of the business's assets, it may be permitted in some cases. Section a of the Bankruptcy Code lists the mandatory provisions of a chapter 11 plan, and section b lists the discretionary provisions. If the intended sale or use is outside the ordinary course of its business, the debtor must obtain permission from the court. The information required is governed by judicial discretion and the circumstances of the case. For cause shown, the court may extend the time of any installment, provided that the last installment is paid not later than days after the filing of the petition. Section defines "cash collateral" as cash, negotiable instruments, documents of title, securities, deposit accounts, or other cash equivalents, whenever acquired, in which the estate and an entity other than the estate have an interest. This should be distinguished from preconfirmation modification of the plan. In addition, stock and commodity brokers are prohibited from filing under chapter 11 and are restricted to chapter 7. Generally, and subject to various defenses, the power to avoid transfers is effective against transfers made by the debtor within 90 days before filing the petition. The Automatic Stay The automatic stay provides a period of time in which all judgments, collection activities, foreclosures, and repossessions of property are suspended and may not be pursued by the creditors on any debt or claim that arose before the filing of the bankruptcy petition. See also Stephens Industries, Inc. Creditors may also initiate adversary proceedings by filing complaints to determine the validity or priority of a lien, revoke an order confirming a plan, determine the dischargeability of a debt, obtain an injunction, or subordinate a claim of another creditor. He leads a group of bankruptcy lawyers that is called upon by all types of clients in chapter 11 cases and other insolvency-related restructurings or liquidations and has more than 25 years of experience counseling clients on restructuring and insolvency matters. By avoiding a particular transfer of property, the debtor in possession can cancel the transaction and force the return or "disgorgement" of the payments or property, which then are available to pay all creditors. In chapter 7 cases, a trustee is typically assigned from a panel of trustees located in the district where the bankruptcy case is filed. Typically, courts require that the petitioning party demonstrate that the appointment of a receiver is necessary to preserve the value of the relevant property. The final installment must be paid not later than days after filing the petition. If it is determined that the proposed modification does have an adverse effect on the claims of non-consenting creditors, then another balloting must take place. A properly filed proof of interest supersedes any scheduling of that interest. Often, however, a case is converted from chapter 11 to chapter 7 where the administrative costs of chapter 11 have resulted in a scenario in which general unsecured creditors are likely to receive little or no distribution.
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