Chapter 11 bankruptcy is used by businesses or individuals to
restructure and reorganize assets and liabilities. Unlike Chapter 13, there are
no limits on the amount of debt and it is well suited for the needs of individuals
and businesses.
Debtors typically retain possession of assets and operate the
business under the supervision of the Bankruptcy Court and for the benefit of
creditors. However, if Debtors manage the business ineffectively or fraudulently,
then the Court may appoint a Trustee.
The U.S. Trustee may appoint a creditors committee in larger
cases from the 20 largest unsecured creditors who are not insiders. This committee
represents all of the creditors and oversees the Debtor's business operations. This
committee also negotiates a Chapter 11 reorganization plan with the Debtor and votes
to confirm the plan.
Chapter 11(s) require significant efforts from both Debtors and
their attorneys. Chapter 11 Debtors must file monthly reports of cash receipts and
disbursements and must assist their attorneys in the preparation of a Disclosure Statement
and Plan. Generally, approval of the Plan is a 2 step process. First the Disclosure
Statement must be approved, then the Plan may be confirmed if a sufficient number of creditors
vote their acceptance of the Plan.