Most of us are familiar with a Bankruptcy Chapter 7 or a Chapter 13, but what is a Chapter 11? A Chapter 11 is usually filed by a business. With the United States economy taking a severe hit, many businesses are filing for bankruptcy. Many of the gigantic corporations that you hear about making news generally file under this Chapter.
Filing under Chapter 11 can be very complicated and usually very expensive. One of the reasons a business may file under this Chapter of the law, is to allow the business to continue to operate while the collection of debts by creditors is halted. The business continues to operate under the auspices of the bankruptcy court, while the specifics and all questions are answered and is worked out.
The attorney, or sometimes a group of bankruptcy attorneys, usually charges a substantially higher fee than a Chapter 7 or even a Chapter 13. The lawyer representing the debtor usually spends most of his time fighting and negotiating with the attorneys representing the creditors.
Much like a Chapter 13, a Chapter 11 seeks to create a reorganization plan to liquidate some of the assets of the business that are not producing income and possibly downsize the business to a point where the creditors can be paid under the plan. If this is not possible, the Chapter 11 file for bankruptcy will then insure that the business will be entirely liquidated in a properly structured manner to allow the creditors to be paid as much as possible without the business coming to a screeching halt. On the other hand, in the event the business did not file for bankruptcy protection, the creditors could seize assets in a mad rush and the business would implode immediately whereby everyone, including the creditors, will lose.
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