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Chapter 11 Bankruptcy Protection
Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals. Chapter 11 overview When a business is unable to service its debt or pay its creditors, the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11. In Chapter 7, the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount is returned to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title 11 Of The United States Code
Title 11 of the United States Code, also known as the United States Bankruptcy Code, is the source of bankruptcy law in the United States Code. Chapters Title 11 is subdivided into nine chapters. It used to include more chapters, but some of them have since been repealed in their entirety. The nine chapters are: *Chapter 1: General Provisions *Chapter 3: Case Administration *Chapter 5: Creditors, the Debtor and the Estate * Chapter 7: Liquidation * Chapter 9: Adjustment of Debts of a Municipality * Chapter 11: Reorganization * Chapter 12: Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income * Chapter 13: Adjustment of Debts of an Individual with Regular Income * Chapter 15: Ancillary and Other Cross-Border Cases References Further reading External linksUnited States Bankruptcy Codevia usbankruptcycode.orgU.S. Code Title 11 via United States Government Publishing OfficeU.S. Code Title 11 via Cornell University Cornell University is a Pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cramdown
A cram down or cramdown is the involuntary imposition by a court of a reorganization plan over the objection of some classes of creditors. Home mortgage loans While typically used in a corporate context, the phrase has gained popularity in the context of personal bankruptcies as a result of the subprime mortgage crisis. In the mortgage context, the term "cramdown" has a distinct meaning than in a chapter 11 corporate bankruptcy. Instead of referring to the confirmation of a plan over the objection of an impaired class of creditors, a mortgage cram-down refers to reducing the creditor's allowed secured claim to the value of the collateral property. This procedure, which is sometimes known as lien stripping or strip-down, has nothing to do with the plan confirmation process per se. Under current United States law, bankruptcy courts are not allowed to perform cramdowns (i.e., reduce the principal amount or change the interest rate or other terms) on creditors who hold loans secured ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prepackaged Bankruptcy
Pre-packaged insolvency (a "pre-pack") is a kind of bankruptcy procedure, where a restructuring plan is agreed upon in advance of a company declaring its insolvency. In the United States pre-packs are often used in a Chapter 11 filing. In the United Kingdom, pre-packs have become popular since the Enterprise Act 2002, which has made administration the dominant insolvency procedure. Such arrangements are also available in Canada under the '' Companies' Creditors Arrangement Act''. United Kingdom The term "pre-pack sale" has been defined by the Association of Business Recovery Professionals as "an arrangement under which the sale of all or part of a company’s business or assets is negotiated with a purchaser prior to the appointment of an administrator, and the administrator effects the sale immediately on, or shortly after, his appointment".http://www.r3.org.uk/media/documents/technical_library/SIPS/SIP%2016%20E&W.pdf The difference between a pre-pack sale and a normal sale is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debtor-in-possession Financing
Debtor-in-possession financing or DIP financing is a special form of financing provided for companies in financial distress, typically during restructuring under corporate bankruptcy law (such as Chapter 11 bankruptcy in the US or CCAA in Canada). Usually, this debt is considered senior to all other debt, equity, and any other securities issued by a company — violating any ''absolute priority rule'' by placing the new financing ahead of a company's existing debts for payment. DIP financing may be used to keep a business operating until it can be sold as a going concern, if this is likely to provide a greater return to creditors than the firm's closure and a liquidation of assets. It may also give a troubled company a new start, albeit under strict conditions. In this case, "debtor in possession" financing refers to debt incurred while in bankruptcy, and "exit financing" is debt incurred upon emerging from reorganisation under bankruptcy law. Examples Two notable examples are the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reorganization
A corporate action is an event initiated by a public company that brings or could bring an actual change to the debt securities— equity or debt—issued by the company. Corporate actions are typically agreed upon by a company's board of directors and authorized by the shareholders. For some events, shareholders or bondholders are permitted to vote on the event. Examples of corporate actions include stock splits, dividends, mergers and acquisitions, rights issues, and spin-offs. Some corporate actions such as a dividend (for equity securities) or coupon payment (for debt securities) may have a direct financial impact on the shareholders or bondholders; another example is a call (early redemption) of a debt security. Other corporate actions such as stock split may have an indirect financial impact, as the increased liquidity of shares may cause the price of the stock to decrease. Some corporate actions, such as name changes or ticker symbol changes to better reflect a com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debtor
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower. If X borrowed money from their bank, X is the debtor and the bank is the creditor. If X puts money in the bank, X is the creditor and the bank is the debtor. It is not a crime to fail to pay a debt. Except in certain bankruptcy situations, debtors can choose to pay debts in any priority they choose. But if one fails to pay a debt, they have broken a contract or agreement between them and a creditor. Generally, most oral and written agreements for the repayment of consumer debt – debts for personal, family or household purposes secured primarily by a person's residence – are enforceable. For the most part, debts that are business-related must be made in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subchapter V
Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals. Chapter 11 overview When a business is unable to service its debt or pay its creditors, the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11. In Chapter 7, the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount is returned t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral (finance)
In lending agreements, collateral is a borrower's pledge of specific property to a lender, to secure repayment of a loan. The collateral serves as a lender's protection against a borrower's default and so can be used to offset the loan if the borrower fails to pay the principal and interest satisfactorily under the terms of the lending agreement. The protection that collateral provides generally allows lenders to offer a lower interest rate on loans that have collateral. The reduction in interest rate can be up to several percentage points, depending on the type and value of the collateral. For example, the Annual Percentage Rate (APR) on an unsecured loan is often much higher than on a secured loan or logbook loan. If a borrower defaults on a loan (due to insolvency or another event), that borrower loses the property pledged as collateral, with the lender then becoming the owner of the property. In a typical mortgage loan transaction, for instance, the real estate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Interest
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the '' collateral'') which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage: a person is loaned money from a bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan. Although most security interests are created by agreement between the parties, it is also possible for a security interest to arise by operation of law. For example, in many jurisdictions a mechanic who repairs a car benefits from a lien over the car for the cost of repairs. This lien arises by operation of law in the absence of any agreement between the parties. Most security interests are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secured Creditor
A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor. In the event of the bankruptcy of the debtor, the secured creditor can enforce security against the assets of the debtor and avoid competing for a distribution on liquidation with the unsecured creditors. In most legal systems, secured creditors also have the option of releasing their security and proving in the liquidation Liquidation is the process in accounting by which a Company (law), company is brought to an end. The assets and property of the business are redistributed. When a firm has been liquidated, it is sometimes referred to as :wikt:wind up#Noun, w ..., although, in practice, they would rarely do so. See also * Preferential creditor References {{finance-stub Credit Bankruptcy Insolvency ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporatocracy
Corporatocracy or corpocracy is an economic, political and judicial system controlled or influenced by business corporations or corporate Interest group, interests. The concept has been used in explanations of bank bailouts, excessive pay for Chief Executive Officer, CEOs, and the exploitation of national treasuries, people, and Exploitation of natural resources, natural resources. It has been used by critics of globalization, sometimes in conjunction with criticism of the World Bank or unfair lending practices, as well as criticism of free trade agreements. Corporate rule is Evil corporation, also a common theme in dystopian science-fiction media. Forms of corporatocracy Corporatocracy can manifest in different forms, varying according to the degree of involvement of corporations in the political and social sphere, for example: *Crony capitalism, in which corporations obtain favors and privileges from the state in exchange for funding or political support; *Connivance capit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
AFL–CIO
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) is a national trade union center that is the largest federation of unions in the United States. It is made up of 61 national and international unions, together representing nearly 15 million active and retired workers. The AFL-CIO engages in substantial political spending and activism, typically in support of progressive and pro-labor policies. The AFL-CIO was formed in 1955 when the American Federation of Labor and the Congress of Industrial Organizations merged after a long estrangement. Union membership in the US peaked in 1979, when the AFL-CIO's affiliated unions had nearly twenty million members. From 1955 until 2005, the AFL-CIO's member unions represented nearly all unionized workers in the United States. Several large unions split away from AFL-CIO and formed the rival Change to Win Federation in 2005, although a number of those unions have since re-affiliated, and many locals of Chan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
