Bakersfield Chapter 11 Bankruptcy Attorney

Who Benefits from Chapter 11 Reorganization?

Chapter 11 allows a business to continue its daily operations while restructuring its debt. This chapter is designed for fundamentally viable companies, meaning they have valuable assets and established customers, but are currently burdened by unmanageable liabilities. By filing for Chapter 11, a business aims to negotiate new terms with creditors and regain financial stability without having to close its doors.

For Individuals 

While typically associated with businesses, Chapter 11 is also available to individuals who have too much debt to qualify for Chapter 13. This option is often suitable for property owners with extensive real estate portfolios or high-income earners with complex financial obligations that require more flexibility than other bankruptcy chapters provide.

Immediate Protection 

Upon filing, an "automatic stay" goes into effect immediately. This legal protection halts creditor actions, including lawsuits, foreclosures, and repossessions, providing the breathing room to focus on developing a reorganization plan.

The Chapter 11 Process in Bakersfield

Filing a Chapter 11 petition initiates the case in the United States Bankruptcy Court for the Eastern District of California. The petition requires detailed schedules listing all assets, liabilities, income, expenses, contracts, and financial transactions. The debtor becomes a debtor-in-possession, retaining control of business operations and assets while operating under bankruptcy court supervision.

A creditors' committee typically forms in Chapter 11 cases to represent the interests of unsecured creditors. The committee reviews the debtor's operations, participates in plan negotiations, and can object to actions that harm creditor interests. The United States Trustee monitors the case and provides oversight throughout the proceedings.

The debtor has an exclusive period, initially 120 days, to file a reorganization plan. This exclusivity can be extended but eventually expires if the debtor fails to file a plan. The plan must classify creditors into groups, specify how each class will be treated, and demonstrate feasibility.

Developing a Confirmable Reorganization Plan

The reorganization plan forms the centerpiece of Chapter 11. The plan proposes how the business will continue operating, which debts will be paid in full, which will receive partial payment, and over what timeframe. Administrative expenses and priority claims such as taxes and employee wages must be paid in full unless the creditor agrees otherwise.

Unsecured creditors often receive the most significant restructuring. The plan may propose paying a percentage of unsecured claims over three to five years, or longer in some cases. Creditors vote on the plan by class, with each impaired class needing acceptance by creditors holding at least two-thirds in dollar amount and more than half in number of claims.

Feasibility remains a critical consideration. The court must find that confirmation is not likely to be followed by liquidation or the need for further reorganization. The plan must demonstrate realistic projections showing the business can make proposed payments while continuing operations.

Operating as Debtor-in-Possession

Remaining in control as debtor-in-possession provides significant advantages but carries responsibilities. The debtor must operate the business prudently, avoiding actions that diminish estate value. Ordinary-course business transactions may continue without court approval, but transactions outside the ordinary course require bankruptcy court authorization. Monthly operating reports must be filed with the court and the United States Trustee, detailing revenues, expenses, and financial condition. Professional fees for attorneys, accountants, and other advisors require court approval. Employment of professionals requires court approval through retention applications.

The Gorski Firm assists clients with these administrative and reporting requirements, providing the guidance necessary to maintain compliance with United States Trustee standards. We assist with preparing court-mandated applications for professional retention and fee approvals, helping businesses navigate these regulatory requirements throughout the reorganization process. Our experience with bankruptcy court procedures allows us to support debtors in fulfilling their fiduciary duties while focusing on their business operations.

Call (661) 768-1441 or contact us online to schedule a case consultation with a Bakersfield Chapter 11 bankruptcy lawyer today.