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Replies to post #4050 on DigitalTown, Inc. (DGTW)
Xman4
09/22/20 9:27 AM
#4066 RE: stervc #4050
HDOGTX
09/22/20 10:19 AM
#4105 RE: stervc #4050
Zardiw
09/22/20 12:42 PM
#4153 RE: stervc #4050
One of the important differences between a Chapter 11 and a Chapter 5 is that a Chapter 5 has no creditor committee. In a Chapter 11, a creditor committee can be a serious obstruction to having a plan approved. In fact, in a Chapter 11, a single creditor can stop such a plan from being approved. In a Subchapter 5 by contrast, there is no absolute priority rule. Furthermore, other than the initial filing fee, fees are essentially eliminated, making the process much less expensive to the petitioner. In a Subchapter 5, if the creditors can’t agree on the petitioner’s proposed plan, an application can be made to the Bankruptcy Court Judge to order the plan approved, sometimes referred to as a “cram down”. The success of such a proposed plan need only be more attractive to the unsecured creditors than would a conversion to a Chapter 7 liquidation plan, which often is not a very difficult threshold to meet.
the process is much more advanced. The plan must be submitted for approval with 90 days,