What is an “effectiveness order” in a Chapter 11 bankruptcy?
An “effectiveness order” in a Chapter 11 bankruptcy is a court order that grants legal authority to the debtor’s reorganization plan. This order is issued by the court after the plan has been accepted by all creditors. The effectiveness order ensures that the plan is binding on all creditors, meaning they must abide by the plan’s repayment terms. The effectiveness order is important to the success of the Chapter 11 case. Without it, creditors can continue to object to the plan and the debtor may not be able to move forward with their reorganization. In order to obtain an effectiveness order, the debtor must prove that their reorganization plan is fair and feasible. This means that the plan must be able to provide each creditor with repayment according to the plan’s terms. Once the court has granted the effectiveness order, the plan becomes binding on all creditors. This means that creditors must follow the terms of the plan and cannot pursue other methods of repayment. Creditors may still challenge the plan in court, but they must first prove that it is unfair or not feasible. If approved, the effectiveness order provides the debtor with the legal authority to continue with their reorganization.
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