How is a liquidating plan approved in a Chapter 11 bankruptcy?

In Utah, a liquidation plan is approved in a Chapter 11 bankruptcy with a majority vote from creditors. The voting process is known as a “cramdown.” Before the plan is put up for a vote, it must first be reviewed by the bankruptcy court. The court will make sure the plan complies with the Bankruptcy Code and is fair to all creditors. Once the plan is approved by the court, it is sent out for voting by the creditors. Creditors can approve or reject the plan. The plan is considered approved by the majority of creditors if at least two-thirds of the creditors who vote, representing at least two-thirds of the total dollar amount of claims, vote in favor of the plan. Creditors may also reach a compromise that satisfies the needs of all involved parties. Once the plan is approved by the majority of creditors, the court will order the debtor to start making payments in accordance with the approved plan. The debtor must then make the payments on time or risk having the plan dismissed. Once all payments are made in accordance with the plan, the bankruptcy court will confirm the plan and issue the debtor a discharge, which releases them from their debt obligations. The discharge will officially end the bankruptcy proceedings and the debtor can begin rebuilding their financial future.

Related FAQs

How are the terms of a debtor-in-possession loan negotiated in a Chapter 11 bankruptcy?
What is “debtor’s rights litigation” in a Chapter 11 bankruptcy?
What happens when a Chapter 11 bankruptcy filing is dismissed?
What is a “prepackaged bankruptcy”?
What is a “plan of reorganization” in a Chapter 11 bankruptcy?
What is “asset recovery” in a Chapter 11 bankruptcy?
How can I get the most out of my Chapter 11 bankruptcy?
What is a “debtor’s exam” in a Chapter 11 bankruptcy?
How long does it take to file for Chapter 11 bankruptcy?
How does a Chapter 11 bankruptcy affect my business?

Related Blog Posts

What is Chapter 11 Bankruptcy Law? - July 31, 2023
What Can You Expect from Filing for Chapter 11 Bankruptcy? - August 7, 2023
Understanding the Steps Involved in Chapter 11 Bankruptcy - August 14, 2023
What are the Benefits of Chapter 11 Bankruptcy? - August 21, 2023
What Are the Risks of Chapter 11 Bankruptcy? - August 28, 2023