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FAQ / Under what types of circumstances will chapter 11 be appropriate?


Chapter 11 bankruptcy cases are appropriate for debtors that own essentially viable businesses or valuable assets in need of preservation. Companies file for protection under chapter 11 of the Bankruptcy Code for a variety of reasons but, as a general matter, chapter 11 is most useful in cases where the debtor is experiencing severe cash flow shortages, has incurred oppressive liabilities or entered into burdensome contracts, or where the automatic stay is needed to stop debilitating litigation or large scale collection actions. Chapter 11 cases may involve a true reorganization pursuant to which the debtor attempts shed burdensome obligations and/or deleverage its capital structure, or a liquidation in which the debtor attempts to sell it business as a going concern in a more controlled setting than would otherwise be available in chapter 7 or outside of bankruptcy

 




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