Chapter 11 Bankruptcy

Please understand that this comprehensive guide provides general information based on the U.S. Bankruptcy Code, Chapter 11 (the “Code”) and “best practices.” However, business bankruptcy laws vary in how they are applied from state to state.  In addition, the Code allows the court to take into consideration the specific circumstances of each bankruptcy filer. As a result, the information presented in this guide may not exactly apply to your situation. Note, wherever we use the terms “you” or “your”, we are referring to your business, unless we use the phrase “you, personally.”

For these reasons, only an attorney who knows the circumstances of your specific situation and how federal and state laws apply to your bankruptcy case, is competent to give you legal advice. This guide is not intended and does not provide legal advice. Its purpose is to prepare you for better, more productive discussions with your bankruptcy attorney, help you understand the proceedings for your case, and make your completion of the required legal forms easier and more efficient.

So, let’s get to it!

We have divided a Chapter 11 bankruptcy proceeding into three phases:

The “Pre-Petition” Phase – which is the time-period during which you will prepare to file a Petition for Bankruptcy on behalf of your business.

The “Post-Petition – Plan Development” Phase– which, as its name implies, is focused on reorganizing your business and preparing the filing of the Plan of Reorganization required by the Code.

“Plan Confirmation and Beyond” Phase – which covers the Plan of the Reorganization confirmation process, Bankruptcy Exit, and the Final Decree which closes your case.