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Filing a Chapter 11 bankruptcy for business: What’s next?

On Behalf of | Sep 9, 2024 | Business Bankruptcy, Chapter 11 |

When you are an entrepreneur, the thought of losing your business can be frightening. Filing for Chapter 11 bankruptcy is a courageous step to reorganize your finances and pave the way for a more stable future. Knowing what to expect next can provide you with much-needed clarity and reassurance.

Here’s what you can expect after filing for Chapter 11 bankruptcy.

Automatic stay: Immediate relief

Upon filing, an automatic stay goes into effect. This halts all collection activities, lawsuits and foreclosures against your business. It gives you the breathing room to focus on restructuring without the constant pressure from creditors or the threat of losing your property.

The role of the debtor-in-possession

In Chapter 11, you typically remain in control of your business operations as a “debtor-in-possession.” This means that you continue to manage your day-to-day activities, but significant decisions require court approval. This balance allows you to maintain operational continuity while working through financial challenges.

Developing a reorganization plan

After filing for bankruptcy, you will need to develop a plan that outlines how you intend to repay creditors over time. This plan should be feasible and fair, satisfying both the court and your creditors. It may include downsizing operations, renegotiating debts and liquidating non-essential assets.

Creditors’ meeting and plan confirmation

A 341 meeting with creditors will be scheduled. Here, creditors can ask about your financial situation and the proposed reorganization plan. After this, the court and creditors will vote on its approval. This collaborative effort ensures that the plan is practical and equitable.

Moving forward

Once the court approves your reorganization plan, you will start implementing it under their supervision. Compliance with the plan is crucial in guiding your business toward stability. Regular progress reports to the court will monitor your adherence to the plan.

Filing for Chapter 11 can be emotionally taxing. By understanding these steps and seeking legal support, you can navigate the process with greater confidence and hope for a brighter future for your business.