What rights does a creditor have in a Chapter 11 bankruptcy?
In South Carolina, a creditor in a Chapter 11 bankruptcy has the right to be paid from the debtor’s assets. A creditor can also file a claim against the debtor in order to receive payment from the debtor’s property. This is referred to as a “proof of claim” and it must be filed with the bankruptcy court. A creditor may also take part in a reorganization plan or modification proposed by the debtor. This plan or modification will determine how the debtor’s assets will be used to satisfy the creditor’s claims. The creditor is allowed to object to the proposed plan or modification if it believes that the proposed plan or modification does not offer a fair repayment plan. A creditor also has the right to object to the sale or disposition of the debtor’s assets. This is known as a “motion to object to sale or disposition” and it must be filed with the court. The creditor has the right to oppose or object to any sale proposed by the debtor over which the creditor has a valid claim. Furthermore, a creditor has the right to participate in hearings and meetings related to the bankruptcy proceedings. The creditor may also have the right to vote to approve or reject a proposed plan or modification. This right is specified in the bankruptcy code and depends on the value of the debt owed to the creditor.
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