Reorganization

What is Chapter 11 bankruptcy?

What is Chapter 11 bankruptcy?

Chapter 11 bankruptcy enables businesses and individuals to reorganize or liquidate their assets in a way that is more flexible than in Chapter 7 or 13 bankruptcy proceedings.  There are numerous tools at the disposal of a Chapter 11 bankruptcy filer; however, the most significant is the ability to restructure […]

Determination of business insolvency

Determination of business insolvency

As a general rule, managers and directors of a financially troubled business should manage the business in good faith and work to maximize the business’s value for all of its constituents. In an effort to maximize the business’s value, managers and directors should closely review the financial condition of the […]

Pre-bankruptcy transfers can cause a business’s reorganization to fail

Pre-bankruptcy transfers can cause a business’s reorganization to fail

Where a business is acting as a debtor-in-possession (debtor) in a Chapter 11 bankruptcy case, to confirm a plan of reorganization, the debtor must provide a method for creditors to capture any value from the debtor’s pre-bankruptcy transfers that may be avoidable under the Bankruptcy Code. Val-Mid Associates, LLC’s Unsuccessful […]

Succeeding with a Chapter 11 business bankruptcy

Succeeding with a Chapter 11 business bankruptcy

  When a business is facing financial difficulties, rather than allowing the business to shutdown, business managers often determine that it is in the business’s best interest to seek protection with the Arizona Bankruptcy Court under Chapter 11 of the U.S. Bankruptcy Code.  A Chapter 11 business bankruptcy filing will […]