What is a “creditor’s exam” in a Chapter 11 bankruptcy?
A creditor’s exam in a Chapter 11 bankruptcy is a formal process that is conducted by the court in order to give creditors an opportunity to question the debtor about their finances. This process usually involves a judge, who will ask the debtor a series of questions about their assets, liabilities, income, and other financial matters. The answers to these questions are used to determine if the debtor has any assets that can be used to pay creditors or to negotiate a payment plan. The creditor’s exam allows creditors to determine if the debtor can realistically pay back their debts. It also helps creditors decide if the debtor is attempting to use Chapter 11 as a way to shield themselves from creditors. If the court finds that the debtor is attempting to shield their assets from creditors, they may be denied a discharge of their debts. During the creditor’s exam, creditors may also ask the debtor about any claims they have made against other creditors. This helps creditors determine if the debtor has the ability to pay their bills and if they have the resources to do so. Once the creditor’s exam is concluded, the judge will issue a ruling to the trustee. This ruling will determine if the debtor is eligible for Chapter 11 and if they have the means to pay their creditors. If the debtor is found to be eligible, the judge will issue a payment plan to the creditors that the debtor must adhere to in order for them to pay off their debts.
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