Is Insolvency a Prerequisite To Filing a Chapter 11 Case?

What Is a Chapter 11 Bankruptcy Case? - Ronald D. Weiss, P.C.

Individuals (as a single individual, married couple or sole proprietorship) desiring to reorganize their debt can file in Chapter 11 and need to file in Chapter ...

Chapter 11 Bankruptcy: Understanding the Basics | LendingTree

People with smaller debts may choose Chapter 11 if the fees for filing are less than the expected commissions for Chapter 13 bankruptcy. Cost of ...

Subchapter V of Chapter 11: A User's Guide - DailyDAC

Bankruptcy Code §1129(a)(10) requires that, in a traditional chapter 11 case, if a class of claims is impaired under a plan, at least one class of impaired ...

Chapter 11 for Small Businesses | Insights - Venable LLP

Chapter 11 cases take a lot more time than other bankruptcy cases, and require extensive pre-bankruptcy planning with the assistance of retained ...

Rule 1019. Conversion of a Chapter 11 Reorganization Case ...

The right to elect a trustee is not lost because the chapter 7 case follows a chapter 11 or 13 case. Thus a meeting of creditors is necessary. The date fixed ...

Good-Faith Filing in Chapter 11

conflict with the Code, which provides an explicit insolvency requirement for chapter 9 cases and no financial requirement of any sort for ...

What Every Unsecured Creditor Should Know About Chapter 11

Upon the filing of a debtor's bankruptcy case, the bankruptcy court will typically hear a series of motions filed by the debtor in which the debtor requests ...

Does the Constitution Require a Debtor to Be Insolvent to File for ...

Only the 1841 and 1867 Bankruptcy Acts required a voluntary debtor to plead insolvency based on the debtor's inability to pay debts as they came due, and once ...

NRA Bankruptcy Case Dismissal is a Stark Reminder of Good-Faith ...

Although section 1112(b) does not explicitly require that cases must be filed in "good faith", courts have overwhelmingly held that a lack of good faith in ...

Filing for Chapter 11 Bankruptcy Protection Toolkit | Practical Law

Whether the debtor has sufficient cash on hand or financing available to fund a Chapter 11 case. The appropriate and best venue for filing the case. The ...

Circumstances Under Which a Court Will Dismiss a Chapter 11 ...

good faith requirement. Part II analyzes how courts determine whether such dismissal is warranted and examines case law that exemplifies how various bankruptcy ...

The Bankruptcy Eligibility of Quasi-Government Entities

Bankruptcy cases involving not-for-profit corporations ordinarily must be filed under Chapter 7, which typically results in a liquidation of the ...

Bankruptcy Chapter 11 Subchapter V Debt Eligibility Limit to ...

If the Debtor is attempting to save the business and reorganize then it may consider filing under Chapter 11, which is a chapter of the U.S. ...

1-Day Prepackaged Bankruptcy - Bloomberg Law

A prearranged bankruptcy entails a debtor filing for chapter 11 with an agreement in place regarding the significant terms of a restructuring with certain key ...

Reorganization Plan in Chapter 11 Bankruptcy - Sasser Law Firm

Debtors filing for Chapter 11 bankruptcy are required to submit a plan to the court for approval. ... Chapter 11 bankruptcy case or convert the case to Chapter 7.

“Recognizing” the Significant Differences Between Chapter 15 and ...

Chapter 7 generally covers liquidation proceedings, while Chapter 11 governs reorganization proceedings. Chapters 9 (municipal bankruptcy), 12 ( ...

Second Circuit Weighs In on Bankruptcy Code v. Chapter 11 Plan ...

Among these conditions are requirements that: (i) each creditor in the impaired class receive at least as much under the plan as it would ...

When a Borrower Files a Chapter 11 Bankruptcy: What Lenders ...

However, if a borrower will not consent to a cooperative liquidation by its lender and seeks to attempt to pursue a sale on its own terms or ...

Individual Chapter 11 Cases Under New Subchapter V

The only way to avoid this requirement is to convince the court with certainty that the debtor will be able to make all payments under the plan.

The Bankruptcy Process - Virginia State Bar

1. What Is It—And How Does It Work? · 2. What Are the Different Kinds of Bankruptcy Cases? · 3. Who May File for Bankruptcy? · 4. Do I Have to Go to Court? · 5. How ...