Transcription of HOW TO SURVIVE A FAILING CHAPTER 11 - Hahn …
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HOW TO SURVIVE A FAILING CHAPTER 11 - Hahn …
HOW TO SURVIVE A FAILING CHAPTER 11 A CREDITOR'S PERSPECTIVE By, Mark S. Indelicato, Esq.* Introduction The primary goal of CHAPTER 11 of Title 11 (" CHAPTER 11") of the United States Code (the "Bankruptcy Code") is the financial rehabilitation, rather than liquidation, of a debtor's business. Under CHAPTER 11, the debtor will continue to operate its business as a debtor in possession unless a trustee is appointed to restructure the debtor's liabilities. A successful reorganization entails the continuation of the debtor's business as a result of the confirmation of a plan of reorganization (the "plan"). A plan may take many forms and, if successful, results in the creation or continuation of a viable entity. Unfortunately, however, the vast majority of CHAPTER 11 proceedings do not culminate in a successful reorganization.
HOW TO SURVIVE A FAILING CHAPTER 11 – A CREDITOR'S PERSPECTIVE By, Mark S. Indelicato, Esq.* Introduction The primary goal of Chapter 11 of Title 11 ("Chapter 11") of the United States Code
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