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Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. [1]
Soft Surroundings filed for Chapter 11 bankruptcy on September 11, 2023, announcing plans to close all 44 of its stores and sell its online and catalog business to Coldwater Creek. [ 284 ] Southeastern Grocers , owner of BI-LO , Harveys , Winn-Dixie , and Fresco y Más, filed for Chapter 11 bankruptcy on March 15, 2018.
At its peak in 2019, the company had 39 stores in ten states. The withdrawal of financial support from Kroger at the end of 2019 led to a massive company downsizing to just six surviving stores in four states and a Chapter 11 bankruptcy protection filing in January 2020.
Title 11 is subdivided into nine chapters. It used to include more chapters, but some of them have since been repealed in their entirety. The nine chapters are: [2] Chapter 1: General Provisions; Chapter 3: Case Administration; Chapter 5: Creditors, the Debtor and the Estate; Chapter 7: Liquidation; Chapter 9: Adjustment of Debts of a Municipality
Under the reorganization process, termed a 363 sale (for Section 363 which is located in Title 11, Chapter 3, Subchapter IV of the United States Code, a part of the Bankruptcy Code), the purchaser of the assets of a company in bankruptcy proceedings is able to obtain approval for the purchase from the court prior to the submission of a re ...
In the United States, small business bankruptcy filings cost at least $50,000 in legal and court fees, and filing costs in excess of $100,000 are common. By some measures, only 20% of firms survive Chapter 11 bankruptcy filings. [2] Historically, debt restructuring has been the province of large corporations with financial wherewithal.
Very commonly, the debtor-in-possession in a Chapter 11 reorganization of a business debtor will initiate adversary proceedings against a party with whom the debtor had an executory contract, against whom it had a claim in tort, or to whom it made a preferential transfer prior to filing for bankruptcy, intending to collect funds to maximize ...
The report did not specify a date for the closures. [16] On March 2, 2016, Sports Authority filed for Chapter 11 bankruptcy. [17] After considering restructuring, Sports Authority announced that on April 26, they would sell all of their assets, including all of the remaining store locations. [18]
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