Chapter
11 Reorganization
An individual may file
under Chapter 11; however, it is generally used to
reorganize a business. Chapter 11 allows the debtor to
continue its business operations by means of a plan of
reorganization, which must meet certain statutory
criteria. By enacting Chapter 11, Congress gave the debtor
a chance to restructure its finances so that it may
continue to operate, provide its employees with jobs, pay
its creditors, and produce a return for its stockholders.
Chapter 11 envisions an ongoing business, the most
likely persons to have knowledge of this operation and
details of the business are the existing management who
normally continue operations during the Chapter 11 process.
A major rationale for business reorganizations is that the
value of a business as an ongoing concern is greater that
it would be if its assets were sold. When a business
develops financial difficulties, such as not being able to
pay its creditors due to cash flow problems, it may consider
filing a Chapter 11 bankruptcy. If the business can extend
or reduce its debts, or drastically lower its operating
costs, it often can be returned to a viable state.
Generally, it is more economically effecient to reorganize
than to liquidate, because doing so preserves jobs and
assets. Cooperation among the various interests, however,
is crucial to a successfull reoganization.