Are payments on secured debts suspended in a Chapter 11 bankruptcy?
Yes, payments on secured debts are suspended in a Chapter 11 bankruptcy. This type of bankruptcy is typically filed by businesses in order to restructure their finances. As part of restructuring, all secured creditors are prohibited from taking any action to collect on the debt during the bankruptcy case. The payment suspension extends to any liens or security interests held by the creditors. The goal of a Chapter 11 bankruptcy is to allow the business to reorganize its debts and liabilities in order to remain in operation. As part of the reorganization, the business or debtor must propose a plan for repaying creditors, which is subject to approval by the court. As part of the court-approved plan, creditors may receive some or all of the payments that were suspended during the case. It is important to note that creditors may not take action outside of the court-approved plan in order to collect payments on the secured debt. If the creditor does take such action, the debtor may be entitled to seek relief in the bankruptcy court. Furthermore, the court may order the creditor to return any payments or property seized from the debtor. In summary, payments on secured debts are suspended in a Chapter 11 bankruptcy, allowing the business or debtor to reorganize its finances and ultimately create a repayment plan. Creditors are not allowed to take any action outside of the court-approved plan.
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