Chapter 11 Bankruptcy: Understanding The Basics

Chapter 11 bankruptcy is also known as corporate bankruptcy. When the financial position of corporation gets out of control with no hope for any improvement, they have the option to file court petition for bankruptcy under chapter 11 of the bankruptcy laws.

What Is Chapter 11 Bankruptcy?

Chapter 11 bankruptcy can be defined as a process in which a trustee is appointed by the bankruptcy court to assess the debts the company owes and the assets the company owns. The main reason why corporations file for chapter 11 bankruptcy is that their finances get mismanaged and this eventually results in piling of the debts until it becomes too much to pay off by the company. The duty of the appointed trustee is to help the creditors get their money back in a timely manner. The chapter 11 bankruptcy is very much like the personal bankruptcy. The only difference is that in corporate bankruptcy, the bankruptcy court usually allows the companies to keep running their venture and they appoint a trustee to help the company get their finances back on order in order to help the company repay the creditors in a timely and efficient manner.

What Happens After Chapter 11 Bankruptcy Is Granted To A Company?

When a company files for chapter 11 bankruptcy and it is granted the same, as its first impact, the current stockholders of the company lose their rights and they get nothing. Now, as per the orders by the bankruptcy court, the company’s creditors get control of the company with the help of the trustee appointed by the court. When creditors take control of its business, the profit-making capabilities of the company are retained. The corporation provides thousands of jobs and by retaining the company’s capacity to make profits, the bankruptcy court also saves thousands of persons from losing their jobs.

The Debate Regarding Chapter 11 Bankruptcy

The chapter 11 bankruptcy has also been criticized by many because according to them, the company gets undue advantage because of the same. Many people do not like the idea of letting a company run its business even after it has filed for bankruptcy. Chapter 11 bankruptcy allows the company to cease paying its debts and use the money to manage the finances and regain its profit making capabilities. This may give undue advantage to the company over their competitions. There have also been instances when companies have taken undue advantage of the chapter 11 bankruptcy. It has emerged as a great solution for those companies who want to get their debts organized while remaining in the business and creating revenue.

Overall, despite the criticism that chapter 11 bankruptcy has faced from time to time, it is an effective method to save some good companies and the jobs of thousands of people associated with the same.