What is “debtor’s equity litigation” in a Chapter 11 bankruptcy?
Debtor’s equity litigation is a form of legal action taken when a Chapter 11 bankruptcy is filed. It occurs when a debtor (the person or business filing the bankruptcy) believes that their creditors (people or organizations that are owed money) are not reaching a fair agreement in the case. The debtor’s equity litigation action is taken to ensure that all parties involved reach an equitable (fair) resolution. Debtor’s equity litigation is often used when a company has equity within their assets. Equity is the difference between the company’s assets and liabilities, and is the amount of money that the company could use to pay off any outstanding debts. If creditors are not offering the company a fair settlement, debtors may use debtor’s equity litigation to try and ensure that they receive a fairer distribution of assets. Debtor’s equity litigation is often seen within Chapter 11 bankruptcy cases, as this type of case generally involves reorganization of the debt, with creditors being given a certain portion of a company’s assets to settle their debt. Though the goal of the litigation is to reach an equitable agreement, if the creditors do not agree with the debtor’s proposal, a judge may have to decide the case, which could lead to an unfavorable outcome for the debtor.
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