Chapter 7 bankruptcy liquidation

Law Office of 
Charles E. Andersen

Chapter 7 is also know as straight bankruptcy if you don't want to repay any debt, chapter 7 is an option to consider
Chapter 7 is also called a fresh start bankrutpcy
Home ]
The US Trustee is a participant in a chapter 7 Hon. John C. Ninfo chief US Bankruptcy Court Judge US Bankruptcy Court
Law firm

of Charles E. Andersen

Home
Bankruptcy Law
Services
The Firm
FAQ'S
Contact

 

 

 

   

ACCEPTANCE OF THE PLAN

 

Any creditor or equity security holder whose claim or interest has been allowed may accept or reject a Chapter 11 plan by a signed writing identifying the plan and conforming to the appropriate Official Form. [B.C. 1126(a); Bankruptcy Rule 3018(c)] If the acceptance or rejection occurs before the commencement of the case, it is valid only if it was solicited in accordance with the Code's requirements for pre-petition solicitation (above) and if the plan was sent to substantially all creditors and equity security holders of the same class within a reasonable lime to accept or reject the plan. Also, if the claim was based on a security of record, the creditor or equity security holder must have been the holder of record on the date specified in the solicitation.


a. Classes of claims: Acceptance of a plan by a class of claims requires acceptance by creditors holding at least two-thirds in number of the allowed claims actually being voted


b. Classes of Interests: Acceptance of a plan by a class of interests requires acceptance by equity security holders having at least two-thirds in amount of the allowed interests actually being voted.


c. Bad faith votes: The court, after notice and a hearing, may discount any acceptance or rejection not made in good faith or that was not solicited in good faith or in compliance with the provisions of the Code.  Votes disqualified because claims acquired in bad faith for stated purpose of taking over debtor, which would require blocking confirmation of debtor's reorganization plan


d. Unimpaired classes: If a particular class is not impaired under a plan, there is a conclusive presumption that the plan has been accepted by the class and by the holder of each claim or interest in the class


e. Classes receiving no property:  A class that receives or retains no property under a plan is deemed to have rejected the plan.


7. Modifying a Plan:  Prior to confirmation, a plan may be modified only by its proponent. After confirmation and before substantial consummation of a plan, it may be modified, if warranted, by the proponent or by the reorganized debtor. Any modification must satisfy the statutory requirements concerning classification of claims or interests, contents of the plan , and disclosure. An acceptance or a rejection of a plan before- modification will be deemed to apply to the plan as modified unless the vote is changed within the deadline set by the court.

 

Click here for Post equity interests.

 

obtaining a chpater 7 discharge the bar date has passed arriving at the office
I hope he's in

 

 

sitting down to sign

 

 

 

 

 

 

Chapter 7&13

If you qualify

 

STOP:

  • Creditor Harassment
  • Stop utility shutoffs
  • eliminate payments on unsecured debts.
  • Improve bad credit
  • Surrender car, and other secured collateral without incurring a "deficiency"

**For Chapter 13 cases with wage order and balance paid through a trustee as part of a partial re-payment plan and not paid directly to the attorney. Court filing fee is extra.

  • Emergency Petitions filed
  • Ask to see a statement of clients rights and responsibilities

 

Free Consultation

Reasonable rates

 

 

 

 

 

 

 

attorneys pen
 
 
Signing the court papers shaking hands leaving attorneys office
   

Home ] Bankruptcy Law ] Services ] The Firm ] FAQ'S ] Contact ]

200 William St. STE 204A
Elmira, NY 14901
Copyright 2005 Web Imaging Productions

 
receipt of filing automatic stay order for relief section 341 Notice
meeting fo the creditors court discharge order debt wipe out