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are necessary, the liquidation value of the assets often represents only a small fraction of the debtor s total liabilities If the business is liquidated, the creditors get only a small percentage of their claims The debtor is discharged of its debts and is free to start over; however, the business is lost and so are all the assets Normally, liquidation proceedings result in large losses to the debtor, the creditors, and the business community in general 7 of the Bankruptcy Code covers the proceedings related to liquidation Another alternative under the Bankruptcy Code is to seek some type of relief so that the debtor, with the help of the bankruptcy court, can work out agreements with creditors and be able to continue operations s 11, 12, and 13 of the Bankruptcy Code provide for this type of operation (i) Title 11 Bankruptcy Code divided into eight chapters: Title 11 US Code contains the bankruptcy law The code is
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General Provisions Case Administration Creditors, the Debtor, and the Estate Liquidation Adjustment of Debts of a Municipality Reorganization Adjustment of Debts of a Family Farmer with Regular Income Adjustment of Debts of an Individual with Regular Income
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s 1, 3, and 5 apply to all proceedings under the code except 9, where only speci ed sections of s 1, 3, and 5 apply A case commenced under the Bankruptcy Code s 7, 9, 11, 12, or 13 is referred to as a Title 11 case 13, which covers the adjustment of debts of individuals with regular income, is beyond the scope of this presentation because it can be used only by individuals with unsecured claims of less than $307,675 and secured claims of less than $922,975 The dollar amount of the debt limits for a 13 petition are to be increased to re ect the change in the Consumer Price Index for All Urban Consumers on April 1 every third year The amounts are to be rounded to the nearest $25 multiple The next three-year-period adjustment will be made on April 1, 2007 Provisions relating to 11 are discussed in detail in a separate section (ii) 7 Liquidation 7 is used only when the corporation sees no hope of being able to operate successfully or to obtain the necessary creditor agreement Under this alternative, the corporation is liquidated and the remaining assets are distributed to creditors after administrative expenses have been paid An individual debtor may be discharged from liabilities and entitled to a fresh start A corporation s debt is not discharged The decision as to whether rehabilitation or liquidation is best also depends on the amount that can be realized from each alternative The method resulting in the greatest return to the creditors and stockholders should be chosen The amount received from liquidation depends on the resale value of the rm s assets minus the costs of dismantling and legal expenses The value of the rm after rehabilitation must be determined (net of the costs of achieving the remedy) The alternative leading to the highest value should be followed Financially troubled debtors often attempt an informal settlement or liquidation out of court; if it is unsuccessful, they will then initiate proceedings under the Bankruptcy Code Other debtors, especially those with a large number of creditors, may le a petition for relief in the bankruptcy court as soon as they recognize that continuation of the business under existing conditions is impossible As soon as the order for relief has been entered, the US trustee appoints a disinterested party from a panel of private trustees to serve as the interim trustee The functions and powers of the interim trustee are the same as those of an elected trustee Once an interim trustee has been
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