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The only viable options are a going-concern sale of all of the company's assets or shutdown followed by liquidation.

Chapter 11 creates a unique opportunity for buyers and sellers of business assets.

This article examines the increased use of bankruptcy sales as a means to quickly liquidate a debtor's assets.

In today's strained economic conditions, many businesses can no longer operate profitably and are unable to obtain financing to cover operating shortfalls.

That said, it is possible to have liquidation under Chapter 11, and it may benefit debtors and creditors more than Chapter 7 liquidation: In a chapter 11 case, a liquidating plan is permissible.

Such a plan often allows the debtor in possession to liquidate the business under more economically advantageous circumstances than a chapter 7 liquidation.

There are exceptions in emergency situations or where the U. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. A voluntary petition must adhere to the format of Form 1 of the Official Forms prescribed by the Judicial Conference of the United States.

A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. In addition, no individual may be a debtor under chapter 11 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. A petition may be a voluntary petition, which is filed by the debtor, or it may be an involuntary petition, which is filed by creditors that meet certain requirements. It also permits the creditors to take a more active role in fashioning the liquidation of the assets and the distribution of the proceeds than in a chapter 7 case.Liquidation Pros and Cons Any Chapter 11 reorganization plan must be approved by creditors holding at least two-thirds of the total debt amount and more than one-half of the total number of claims.Some of the benefits are: As referenced above, one of the most attractive reasons to buy and sell assets via Chapter 11 bankruptcy is the fact that the Bankruptcy Code permits buyers to purchase assets free and clear of liens, claims and encumbrances so long as certain conditions are met.The authority for "free and clear" bankruptcy sales is found at §363 of the Bankruptcy Code.




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