Personal Bankruptcy Chapter 11

Chapter 11 Personal Bankruptcy

Although Chapter 11 or “reorganization bankruptcy” is typically filed for businesses and organizations, there are certain cases where individuals file for it too. By filing a personal Chapter 11, an individual may be able to reorganize a substantial amount of personal debt or restructure his/her debts while operating a small business. Another option to consider for these individuals is the Chapter 13 bankruptcy, which share the similarity that both revolve around creating a new organizational plan.

Individuals who file for Chapter 11 are able to hold onto their personal assets while seeking a solution to repay creditors. There people are often labeled “debtors in possession” because they are able to protect valuables while filing bankruptcy. A chapter 11 plan may include future earnings for the filer and usually only encompass around 3-5 years just like a Chapter 13. However, the individual must receive credit counseling prior to filing and there is a limitation on how many times a person can file.

Normally, a personal filing for Chapter 11 means that the personal household exceeds $336,900 in unsecured liquidated debts or exceeds $1,010,650 in secured liquidated debts, which is why they cannot file for a Chapter 13. To file, one must submit a disclosure statement and a reorganization plan to the court. Once the court approves, the creditors and debtors must adhere to the plans’ regulations; the plan takes priority over anything else established in the past.