Chapter 11 of the Bankruptcy Code generally provides for reorganization—usually of a corporation or partnership. A chapter 11 debtor (bankrupt entity) usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in a chapter 11 bankruptcy filing.
In Montana, as in other states, Chapter 11 of the Federal Bankruptcy Code allows for the reorganization of a debtor's business affairs, debts, and assets. This provision is typically used by corporations and partnerships, but it is also available to individual entrepreneurs and business owners. Under Chapter 11, a debtor usually proposes a plan of reorganization with the goal of restructuring debts and continuing operations while repaying creditors over an extended period. The process involves negotiation with creditors and approval by the bankruptcy court. It is designed to balance the interests of the debtor and the creditors, allowing the debtor to keep their business alive while ensuring that creditors receive as much payment as possible under the debtor's financial constraints. It's important to note that while Chapter 11 is governed by federal law, local state rules, and the local bankruptcy court's procedures in Montana can also affect the process.