What Is Reorganization Under The Bankruptcy Code?

For reorganizations there are 2 main Chapters available: Chapter 13  and Chapter 11. Only an individual may file a Chapter 13. High amounts  of debt can push an individual into Chapter 11. Corporations and  partnerships must file Chapter 11, although there is a provision for a  small business Chapter 11 with slightly different procedures from those  of a giant corporation.

Any reorganization offers the ability to  get rid of unwanted property or leases. Certain debts can be paid more  advantageously such as where there’s a co-signer that needs to be  protected or an asset needs to be paid off quickly to allow the asset to  be kept.


Any small business  can experience a slowing of income or go through an event that  devastates normal operations. Reorganizations are allowed when a company  can show it still has good prospects for income but just needs help  with the current debt burden. There could be possible lawsuits, the  threat of an IRS levy, bank garnishments, and the like. If the past  problems could be put aside, the business benefits society by continuing  to generate products and jobs.

Individual business owners are  eligible to get Chapter 13 relief as long as their Secured debts are  under $1,184,200 and their unsecured debts are under $394,725.

Chapter 13 may well be the best course of action.

  1. The  filing of a Chapter 13 imposes the powerful Automatic Stay against all  creditors including the IRS from taking any action to collect pre-filing  debts. It provides a powerful immediate relief. The Automatic Stay also  prevents threaten repossessions.
  2. The costs including the  filing fee and lawyer’s fee are very reasonable; it is quite  inexpensive to start and actually file a Chapter 13 compared to a  Chapter 11;
  3. Individual business owners are generally not  required to fill out the Means Test. The exception being if consumers  debts (and home mortgages are considered consumer debts) are greater  than the business debts.
  4. A Chapter 13 plan is in a much  better position to cram down under valued secured property and impair  unsecured debts. In other words, let’s say, a printing press is worth  $10,000 with $15,000 debt it can be repaid at the value rather than the  amount owed.
  5. A Chapter 13 allows you get rid of unwanted  property. One can owe a great deal of money on a “junk” car or  possibility an antiquated piece of machinery. The secured debt can be  converted to an unsecured debt.
  6. If property has been  recently repossessed it can be recovered upon filing the case. This most  frequently happens with automobiles.
  7. The tax man may be at your door but in a Chapter 13 IRS and other tax debts can be paid over a long period of time.
  8. Frequently,  impaired debts can be paid at a fraction of the amount due. Unlike  impaired creditors in Chapter 11 to be discussed later, creditors do not  vote on the Debtor’s plan. However, creditors and the Chapter 13  trustee can object to the proposed plan.

The individuals  owning the business would list all assets and liabilities for  themselves since the business does not have any separate debts. The plan  must deal with all the debts.

The Chapter 13 client must complete  schedules that show future income and expenses and the ability to  handle to monthly Chapter 13 payments.

An example of a possible plan:

The  owner of cab medallion has a current balance to the finance company of  about $250,000 while cab medallions have a value of about $60,000 to  $65,000. A Chapter 13 can be crafted to pay the value of the medallion  over 3 to 5 years, maybe $1,500 per month, and drastically reduce the  remaining debt. At the end of the 5 year Chapter 13 plan the client will  own his medallion free and clear of all debts.

For more information on Chapter 13 Reorganization Of Small Business, a Complimentary consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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