## Chapter 11 business reorganization in West Virginia **Chapter 11** lets businesses (and some individuals) reorganize debts while continuing to operate. The company stays in business, restructures debt, and emerges with a court-approved plan. ## Who uses Chapter 11 **Companies that use Chapter 11:** - Public companies in distress (airlines, retailers, energy) - Mid-size businesses needing breathing room - Real-estate companies (single-asset entities) - Healthcare entities (hospitals, nursing homes) - Manufacturing companies - Restaurants / hospitality - Tech companies **Individuals** can also file Chapter 11 — typically when: - Debt exceeds Chapter 13 limits (~$2.75M as of 2024) - Business owner with personal guarantees - Wealthy individuals with complex debt ## Chapter 11 vs Chapter 7 vs Chapter 13 **Chapter 7** — liquidation; trustee sells non-exempt assets **Chapter 13** — reorganization for individuals (debt limits) **Chapter 11** — reorganization for businesses + individuals over Ch 13 limits **Chapter 12** — family farmers / fishermen **Chapter 9** — municipalities ## Chapter 11 advantages - **Automatic stay** halts collection / litigation - **Debtor-in-possession (DIP)** — current management stays in control - **Reject contracts and leases** — escape unfavorable obligations - **Cram down** — court can approve plan over creditor objection - **Bind dissenting creditors** to plan terms - **DIP financing** — special priority for new lenders - **Sale free and clear of liens** under § 363 - **Continue operations** - **Restructure secured debt** (cram down on secured claims with new terms) - **Bring in new money / equity** through plan ## Chapter 11 disadvantages - **Expensive** — $50K-$5M+ in fees common - **Time-consuming** — typically 6-24 months - **Public** — financial details disclosed - **Loss of control** to court / creditors / committees - **Stigma** for some industries - **Equity often wiped out** in plan - **Vendor / customer disruption** - **Reporting requirements** - **Trustee fees** ## Subchapter V (Small Business Reorganization Act, 2019) Streamlined Chapter 11 for businesses with under ~$7.5M total debt: - **Lower costs** - **Faster process** - **Existing equity holders** can keep ownership without paying creditors in full (eliminates absolute priority rule) - **Subchapter V trustee** — different role from Ch 7 / Ch 13 trustee - **Plan within 90 days** - **Discharge** at plan confirmation - **Personal guarantees** — limited treatment Most small-business Chapter 11 cases now go Subchapter V. ## Key Chapter 11 stages **1. Pre-filing planning.** Develop reorganization strategy; secure DIP financing; manage employees, customers, vendors. **2. Filing the petition.** Schedules, statement of financial affairs, list of creditors. Automatic stay takes effect. **3. First-day motions.** Cash management, employee wages, critical vendors, utilities — keeping business operating. **4. § 341 meeting.** Creditors meeting with trustee. **5. Operations during case.** DIP operates business under court oversight + reporting requirements. **6. Disclosure statement + plan.** Debtor proposes reorganization plan + disclosure statement explaining it. **7. Disclosure approval + solicitation.** Court approves disclosure; sent to creditors for vote. **8. Plan confirmation hearing.** Court approves plan if requirements met; parties may object. **9. Plan effective date.** Plan takes effect; restructured business emerges. **10. Post-confirmation.** Distribution per plan; ongoing reporting. ## Plan content Chapter 11 plans typically address: - **Classification of claims** (similar claims grouped) - **Treatment of each class** (cash payment, new debt, new equity, partial payment) - **Means of execution** - **Restructured operations going forward** - **Equity treatment** (often wiped out) - **Releases / injunctions** - **Effective date** - **Means of curing defaults** ## Voting + confirmation **Confirmation requirements:** - **Acceptance** by each class (2/3 in amount + 1/2 in number) - OR **cram down** by court if at least one impaired class accepts + plan is fair and equitable - **Best interests test** — creditors get at least as much as in Chapter 7 liquidation - **Feasibility** — plan is likely to succeed - **Good faith** - **Compliance with Code requirements** ## Absolute priority rule **Traditional rule:** equity gets nothing if any senior class is unpaid in full. **Subchapter V exception:** equity can keep ownership in small-business cases. **"New value" exception:** equity can keep ownership by contributing new capital (controversial). ## DIP financing Companies in Chapter 11 often need new working capital. **Debtor-in-possession financing**: - Highest priority lender - Often super-priority and super-secured - Court approval required - Strict reporting / covenant requirements Without DIP financing, many cases fail. ## Outcomes Chapter 11 cases can: - **Successful reorganization + emergence** — best outcome - **Sale of assets** ("363 sale") — often new buyer continues business - **Conversion to Chapter 7** — liquidation if reorganization fails - **Dismissal** — return to pre-filing state - **Plan confirmed but later default** — return to court / liquidation Statistically, large-company Chapter 11s have higher success rates; small-business cases historically had lower success — Subchapter V improves this. ## What you should do If your business is in financial distress in West Virginia: consult a Chapter 11 bankruptcy attorney FAR before filing — pre-filing planning makes or breaks the case. Most West Virginia business-bankruptcy attorneys offer paid initial consultations. Subchapter V is dramatically more accessible than full Chapter 11 — explore it first. --- *This guide is general information about federal bankruptcy law as of early 2026 and is not legal advice. Chapter 11 is highly complex. Talk to a licensed West Virginia bankruptcy attorney about your specific situation.*