Smart Bankruptcy Guide » chapter 11

What are some consequences for filing Chapter 11 Bankruptcy?

Rod — Thu, 14 Jan 2010 04:53:38 +0000

Taking an economics class and was wondering what the consequences for a company that files chapter 11 Bankruptcy might be? What does it do exactly in a general sense?

Chapter 11 reorganizes the company to pay a large portion of existing debts due to cash flow constraints under current operations. For example, an airline company may have more assets than debts, but insufficient liquidity to meet debt payments as they come due.

Consequences:

- Credit ratings will be downgraded
- Working capital will be depleted in accordance with BK petition
- BK Trustee oversight on business operations until BK is complete
- Potential risk of not being able to reorganize, which could result in liquidation of company (Ch 7)

how easy is it to get out of chapter 11 bankruptcy?

Rod — Tue, 08 Dec 2009 12:50:34 +0000

It seems unfair when a company files chapter 11 they only have to pay back a portion of what they owe to creditors. is this true and how many time can you file bankruptcy until they say you can’t?

In Ch 11 the debtor (often a corporation, though Ch 11 is also available to individuals) must come up with a repayment plan that is acceptable to its 20 largest creditors and to the bankruptcy court.

Any creditor (person or business who is owed money by the debtor) can file an objection to the confirmation of the Plan. However, minor creditors are unlikely to prevail if the 29 largest creditors already agree to the Plan unless they have reasons strong enough to convince the court to reject the Plan proposed by the debtor.

Ch 11 is very complex, and if you intend to object to confirmation of a Ch 11 debtor’s plan, you really — trust me, REALLY – need an experienced attorney to represent you.

There is no limit to the number of times an entity can file Ch 11. However, the so-called "natural" limit comes into play when creditors no longer will agree to extend credit to a company because of its history of repeated Ch 11 bankruptcy filings.

What happens in chapter 11 of the book We All Fall Down By Eric Walters?

Rod — Thu, 26 Nov 2009 16:06:34 +0000

I need information about what happens in chapter 11 for the book We all fall down. If you could give me chapter 12 and 13 and 14 and 15 or just a few of those chapters that would be great. Awarding 5 stars !!!

We all fall down.

Company in Chapter 11, what are my obligations to the non compete agreement?

Rod — Sun, 22 Nov 2009 03:29:25 +0000

I quit my job when my company filed for chapter 11 bankruptcy. I have a "non compete" agreement in my contract but in light of the recent change what is my obligation? I am bound to this agreement for 5 years, that seems like longer than the norm. Can I contest this or am I stuck with what I signed for?

If they go chapter 7, I would think you are off the hook, because who would complain. Chapter 11 is reorganization and the company will still continue to operate, and you are bound by the non compete..

My home builder filed for Chapter 11, what does that mean for me?

Rod — Thu, 19 Nov 2009 19:16:33 +0000

I was getting ready to have a home built by Gemcraft Homes but I just found out that they filed for chapter 11 bankruptcy. Should I proceed in building my home at the negotiated cost or find a new builder?
Will this hurt the value of the neighborhood?
Also does this mean that I will get less quality if I choose to have them still build my home?

Although a Chapter 11 filing provides them with protection from creditors in the hope they can turn profitable, there is no guarantee that this will happen or that the company will not go belly up halfway through your house. Obviously, if they go from Chapter 11 to Chapter 7 after starting but not completing your house, you would have no recourse in getting it finished by that builder.

As for quality of the product, they may try to cut corners to eke out a profit, but who knows.

Why did the US give car companies like Ford and GM billions file chapter 11 shortly after receiving the funds?

Rod — Thu, 12 Nov 2009 16:39:38 +0000

Why did we not just let them file chapter 11 like what happened anyways without giving them billions of dollars… In addition why did the ‘payroll czars’ controll how much the CEO’s got paid but not the union bosses?

And now GM has hacked off Europe, specifically Germany, because GM has backed out of a deal to sell the auto Opel to a consortium. Not content with creating hate and discontent in the US, GM is spreading their own brand of sunshine across Europe and now Germany is demanding that GM return almost $2Billion provided to them in loans. That around 10k jobs will be lost in Europe through GM’s action, it also begs the question, if they have to pay that money back to Germany, where are they going to get it from? Oh wait, I know, the good old US taxpayer. Remember that new bailout they were reportedly looking for – maybe they need it to pay back Germany. See attached link for more info.

what happen to stock when company file chapter 11?

Rod — Mon, 09 Nov 2009 19:45:41 +0000

I have some CIT stocks. what happens if they file bankrupcy (chapter 11)? It looks like they are going to file pre-packaged ( i believe ch11), within next couple day. Is my stock going to be valued $0 ? What if I decide to keep the stock for long term? If the company restructure and do well after many years, is it worth it to keep the stock?

http://www.sec.gov/investor/pubs/bankrupt.htm

Can you open a bank account if filing chapter 11 bankruptcy? If so where?

Rod — Sun, 18 Oct 2009 11:45:27 +0000

I have a client seeming to be in a pinch, filing chapter 11 Bankruptcy and the debtor is requesting all account and policies to be reissue with the US attorneys office listed, once the client notified the bank they shut her down. she has to show proof of the changes but without a bank account she cannot initiate the down payments etc. most of the companies do not accept money orders due to a monthly draft needed to be set up. What could she do? Is there a bank that’ll take her?

She can try at Chase. They have something called an Access Checking Account. If you appear on Chexsystems, the company that all banks use to see if you owe another bank money, the Chase system will automatically recommed an Access Account. However you don’t get check writing ability, limited Debit Card activity, monthly service charge, etc. It’s a very restrict account, but she can definitely try it out.