How Feasibility Is Determined in Chapter 11
Direct answer: A Chapter 11 plan must be feasible, meaning confirmation is not likely to be followed by liquidation or another financial reorganization unless the plan proposes it. Courts evaluate projections, assumptions, management capacity, financing, and the debtor’s ability to perform.
Chapter 11 and Subchapter V are powerful restructuring tools, but outcomes depend on facts, timing, financial records, and the proposed treatment of creditors.
The feasibility standard
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.
Financial projections and assumptions
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.
Historical performance and changed conditions
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.
Funding and management capacity
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.
Building a credible evidentiary record
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.