بازار خرید و فروش انواع پارچه | پارچه سرا قیمت، خرید، فروش انواع پارچه
If a Chapter 11 debtor requires working capital, it may be able to obtain it from a lender by granting it a court-approved “super priority” over other unsecured creditors or a lien on the assets of the estate. 11 U.S.C§ ۳۶۴٫ The U.S. trustee plays an important role in monitoring the progress of a Chapter 11 case and overseeing its administration. The U.S. trustee is responsible for overseeing the debtor`s self-government business operations and filing operational reports and fees. In addition, the U.S. trustee oversees claims for compensation and reimbursement by professionals, plans, and disclosure statements filed with the court and creditor committees. In a Chapter 11 case, the U.S. trustee holds a meeting of creditors, often referred to as a “section 341 meeting.” 11 U.S.C§ ۳۴۱٫ The trustee and creditors may question the debtor under oath at the section 341 meeting about the actions, conduct, assets and administration of the debtor`s case. Once the court has approved the declaration, the debtor or promoter of a plan can begin to apply for acceptance of the plan, and creditors can request the rejection of the plan.
After approval of a disclosure statement, the plan attorney must send the following to the U.S. trustee and all creditors and rights holders: Section 1112(c) of the Bankruptcy Act provides a significant exemption from the conversion process in a Chapter 11 matter. This provision prohibits the court from converting a case involving a farmer or a non-profit organization into a winding-up case under Chapter 7, unless debt or conversion is sought. The appointment of an examiner in a Chapter 11 case is rare. The role of an auditor is generally more limited than that of a trustee. The auditor is authorized to perform the syndic`s investigative functions and is required to provide a statement of any investigation conducted. However, by order of the court, an auditor may perform all other functions of trustee that the court does not allow the debtor to exercise in self-administration. 11 U.S.C§ ۱۱۰۶٫ Each court has the power to determine the duties of an examiner in each individual case. In some cases, the auditor may submit a reorganization plan, negotiate or assist the parties in negotiating, or review the debtor`s schedules to determine if some of the receivables are miscategorized. Sometimes the examiner may be tasked with determining whether objections to the evidence of the application should be raised or whether the grounds are sufficiently well-founded for further legal action to be taken.
Therefore, the auditor cannot act as trustee in the matter. 11 U.S.C§ ۳۲۱٫ This chapter of the Bankruptcy Act generally provides for a reorganization, in which a company or partnership is usually involved. A Chapter 11 debtor usually proposes a reorganization plan to keep its business alive and pay creditors over time. Business persons or individuals may also seek redress under Chapter 11. Because some filing deadlines are different and extensions are more difficult to obtain, a case called a small business business case generally proceeds faster than other Chapter 11 cases. For example, only the debtor can file a plan within the first 180 days of a business case. 11 U.S.C. § ۱۱۲۱(e) This “exclusivity period” may be extended by the court, but only to 300 days and only if the debtor proves by a preponderance of evidence that the court will confirm a plan within a reasonable time. However, if it is not a small business case, the court may extend the exclusivity period “for cause” to 18 months. In a small business business case, the self-administered debtor must, among other things, attach to the application the balance sheet, statement of operations, cash flow statement and most recent tax return, or make an affidavit explaining the absence of such documents, and must attend the U.S.
court and assembly of trustees through officers and consultants. The owner of a small business must file ongoing documents with the court about its profitability and expected cash receipts and payments, and indicate whether it complies with the Bankruptcy Act and the Federal Bankruptcy Procedure Rules, and whether it has paid its taxes and filed its tax returns. 11 U.S.C. §§ ۳۰۸, ۱۱۱۶٫ Section 1123(a) of the Bankruptcy Code lists the mandatory provisions of a Chapter 11 plan, and Section 1123(b) lists discretionary provisions. Article 1123(a)(1) provides that a Chapter 11 plan must identify categories of receivables and interest for reorganization treatment. Typically, a regime classifies claimants as secured creditors, priority unsecured creditors, general unsecured creditors and shareholders. Once the disclosure statement is filed, the court holds a hearing to determine whether the disclosure statement should be approved.
Bankruptcy courts exercise broad discretion when deciding whether to approve or reject a disclosure statement. In general, acceptance or rejection of a plan cannot be requested until the court has previously approved the written declaration. However, there is an exception to this rule if the party`s first application was made before bankruptcy, as in an employment-ready insolvency plan, where the debtor negotiates a plan with large groups of creditors before declaring bankruptcy. When making decisions, courts often consider whether the return contains the following types of information: The U.S. trustee also imposes certain requirements on the self-directed debtor with respect to matters such as reporting their monthly income and operating expenses, creating new bank accounts, and paying withholding taxes and other current taxes to employees. Under the law, the self-administered debtor must pay a quarterly royalty to the U.S. trustee for each quarter of a year until the case is converted or dismissed. 28 U.S.C. § ۱۹۳۰(a)(6). The amount of the fee, which can range from $325 to $30,000, depends on the amount of the debtor`s payments each quarter. If a single debtor fails to comply with the U.S. trustee`s reporting obligations or bankruptcy court orders, or does not take appropriate steps to confirm the case, the U.S.
trustee may file an application with the court to convert the debtor`s Chapter 11 into another chapter of the Bankruptcy Act or dismiss the matter. Creditor committees can play an important role in Chapter 11 cases. The committee is appointed by the U.S. trustee and typically consists of unsecured creditors who hold the seven largest unsecured claims against the debtor. 11 U.S.C § ۱۱۰۲٫ Among other things, the Committee: consulted the debtor on its own on the administration of the case; examines the conduct and operation of the company by the debtor; and participates in the formulation of a plan. .
