CHAPTER 11—REORGANIZATION :

 A Chapter 11 reorganization sometimes is the means by which a troubled business may continue to operate and revitalize itself, while also paying creditors and keeping workers employed.

      In recent years, it also has been used as a vehicle for sustaining large companies that are defendants in multitudinous tort actions throughout the country, and for providing in one forum a method by which the tort victims may be compensated.

      In short, it may be a favorable alternative to a Chapter 7 liquidation. Note that individuals not engaged in business can also be eligible. Keep in mind that the Code provides for the debtor to continue to manage the business as a debtor in possession unless the conduct of current management, or the interests of creditors, equity security holders, and the estate necessitate the appointment of a trustee. However, if a trustee is appointed, note that the debtor then loses the exclusive right to file a plan even if the 120-day period of exclusivity has not expired. If a trustee has not been appointed, sometimes an examiner is appointed to investigate the debtor's operations and financial condition, and to advise whether the business should be continued

    A bankruptcy attorney in Elmira preparing a reorganization plan, must pay careful attention to the manner in which claims are classified, and to the kinds of plan provisions that the Code either requires or permits. While all mandatory provisions must be included as part of the plan, those that are discretionary generally are usually left the ingenuity of the plan's proponent. Reorganization plans must be prepared that take into account a creditors option under Chapter 11 which is the right of a partially secured creditor to elect to have her entire claim treated as secured, under Bankruptcy Code section 1111 (b), but at the cost of forfeiting an unsecured claim for a deficiency.

       In considering whether this option is likely to be exercised,  a bankruptcy attorney in San Diego should take into account the advisability of this election in light of factors such as (i) how much the unsecured creditors are being offered under the plan, (ii) whether the plan proposes to cash out the secured creditor at the value of her collateral, (iii) whether confirmation will involve application of the bankruptcy Code's cram down provisions with respect to the secured creditor, and (iv) whether her collateral is likely to appreciate or depreciate in value.

       Another decision of great importance which must be considered by the bankruptcy debtors lawyer, is the adequacy of the information contained in the disclosure statement, which must be approved by the court prior to the post-petition solicitation of acceptances or rejections from creditors and equity security holders.

      The Bankruptcy debtors lawyer in New York must prepare the plan from the perspective of various classes in the case  to determine whether the plan can be confirmed. The bankruptcy plan must consider application of the absolute priority rule and the use of the cram down provisions concerning any dissenting classes that are impaired.

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