Why Chapter 11

Why Chapter 11

Why Chapter 11 - Most publicly-held companies will file under Chapter 11 rather than Chapter 7 because they can still run their business and control the bankruptcy process.

Chapter 11 Provides

Chapter 11 provides a process for rehabilitating the company's faltering business. Sometimes the company successfully works out a plan to return to profitability; sometimes, in the end, it liquidates. Under a Chapter 11 reorganization, a company usually keeps doing business and its stock and bonds may continue to trade in our securities markets. Since they still trade, the company must continue to file SEC reports with information about significant developments. For example, when a company declares bankruptcy, or has other significant corporate changes, they must report it within 15 days on the SEC's Form 8-K. .

Steps in Development of the Plan - Chapter 11:

  • The debtor company develops a plan with committees.

  • Company prepares a disclosure statement and reorganization plan and files it with the court.

  • SEC reviews the disclosure statement to be sure it's complete.

  • Creditors (and sometimes the stockholders) vote on the plan.

  • Court confirms the plan, and

  • Company carries out the plan by distributing the securities or payments called for by the plan.

Prepackaged Bankruptcy Plans

Sometimes companies prepare a reorganization plan that is negotiated and voted on by creditors and stockholders before they actually file for bankruptcy. This shortens and simplifies the process, saving the company money. For example, Resorts International and TWA used this method.

If prepackaged plans involve an offer to sell a security, they may have to be registered with the SEC. You will get a prospectus and a ballot, and it's important to vote if you want to have any impact on the process. Under the Bankruptcy Code, two-thirds of the stockholders who vote must accept the plan before it can be implemented, and dissenters will have to go along with the majority.

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