Can a Business Owner Keep Equity in Chapter 11?
Direct answer: A business owner may be able to retain equity in Chapter 11, but the answer depends on plan structure, creditor acceptance, value, and the Bankruptcy Code rules that apply. Subchapter V can treat owner retention differently from a traditional Chapter 11 plan.
Chapter 11 and Subchapter V are powerful restructuring tools, but outcomes depend on facts, timing, financial records, and the proposed treatment of creditors.
Equity in traditional Chapter 11
A business should begin with current financial statements, debt schedules, lien information, leases, contracts, tax records, and realistic cash-flow projections. Those materials help counsel identify the legal and practical issues before a filing or hearing.
The absolute priority rule
Creditors may object, negotiate, seek additional protection, or challenge assumptions. A sound strategy addresses those concerns with documents and credible testimony rather than relying on optimistic estimates.
Owner retention in Subchapter V
The court applies the Bankruptcy Code to the specific record. Planning should therefore account for both the statutory requirements and the business realities that determine whether the reorganized company can perform.
Valuation and creditor recovery
A business should begin with current financial statements, debt schedules, lien information, leases, contracts, tax records, and realistic cash-flow projections. Those materials help counsel identify the legal and practical issues before a filing or hearing.
Negotiating a confirmable plan
Creditors may object, negotiate, seek additional protection, or challenge assumptions. A sound strategy addresses those concerns with documents and credible testimony rather than relying on optimistic estimates.
Frequently asked questions
Should I get advice before taking action?
Yes. An early review can identify deadlines, preserve options, and help avoid decisions that may be difficult to reverse.
Does the answer depend on the facts?
Yes. The documents, timing, parties, governing law, and procedural posture can change the analysis.
Speak with Bickham Law
Bickham Law offers free consultations. To discuss your situation, contact the firm at 650 Poydras Street, Suite 2000, New Orleans, Louisiana. Learn more about our practice areas and request a consultation.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.