Drafts a Chapter 11 Plan of Reorganization under 11 U.S.C. §§ 1121–1129 with claim classification, treatment provisions, distribution mechanics, executory contract determinations, and confirmation compliance. Use when preparing reorganization plans, restructuring debts, classifying claims, drafting Chapter 11 plans, or helping debtors emerge from bankruptcy. Trigger keywords: reorganization plan, Chapter 11, plan of reorganization, debt restructuring, cramdown, claim classification, confirmation order.
Instrucciones de origen · Vista previa de solo lectura
name
chapter-11-reorg-plan
title
Chapter 11 Plan of Reorganization
description
Drafts a Chapter 11 Plan of Reorganization under 11 U.S.C. §§ 1121–1129 with claim classification, treatment provisions, distribution mechanics, executory contract determinations, and confirmation compliance. Use when preparing reorganization plans, restructuring debts, classifying claims, drafting Chapter 11 plans, or helping debtors emerge from bankruptcy. Trigger keywords: reorganization plan, Chapter 11, plan of reorganization, debt restructuring, cramdown, claim classification, confirmation order.
Executory contracts/leases — complete list with cure amounts
Funding sources — exit financing term sheets, projected cash flow, asset sale proceeds, capital contributions
Schedules/disclosures — schedules of assets and liabilities, SOFAs, monthly operating reports, disclosure statement
Output Structure
Draft using the following article structure. Each article must satisfy referenced statutory provisions. Number sections: Article I → Section 1.1 → (a) → (i).
Article I — Preamble
Element
Content
Debtor identification
Legal name, DBAs, state of org, principal place of business
Statutory authority
§ 1121(a) (exclusive period) or § 1121(c) (non-debtor proponent)
Case narrative
Concise summary of distress, post-petition performance, reorganization strategy
Operational: Distribution Date, Professional Fee Claim, Convenience Class, Disputed Claim, plus plan-specific terms (Exit Facility, New Common Stock, Litigation Trust) as applicable
Article III — Classification (§ 1122)
Unclassified claims (paid in full on Effective Date per § 1129(a)(9)):
Administrative expenses (§ 503(b))
Priority tax claims (§§ 507(a)(8), 1129(a)(9)(C))
Classified claims:
Class
Description
Impairment
Notes
1
Secured Claims (per collateral pool)
Varies
Separate class per distinct collateral; § 506(a) allowed amount vs. deficiency
2
Priority Unsecured (§ 507(a)(4)–(5))
Typically unimpaired
Wage, employee benefit claims
3
General Unsecured
Typically impaired
Largest class by creditor count
3A
Convenience Class (optional)
Unimpaired
Small claims below threshold
4
Subordinated Claims
Impaired
Agreement, statutory, or equitable subordination
5
Equity Interests
Impaired
Separate classes if complex capital structure
For each class state: designation, description, estimated aggregate amount, impairment status.
Article IV — Treatment Provisions
Unimpaired classes: Payment in full in cash on Effective Date, or rights unaltered per § 1124. State funding source.
Impaired classes — specify per class:
Element
Specification
Recovery percentage
Against allowed claim amount
Distribution form
Cash, property, new securities, or combination
Payment timing
Lump sum vs. installment schedule
Interest rate
Market rate for deferred payments (required for cramdown)
Initial Distribution Date — later of Effective Date or 10 business days after disputed claim becomes allowed
Method — check (default) or wire above threshold
Disputed Claims Reserve — reserve distributable amount pending resolution; distribute upon allowance as if allowed on initial date
Unclaimed distributions — revert to Reorganized Debtor after 120 days–1 year; claim discharged and barred
Tax compliance — withholding per applicable law; require W-9/W-8 before distribution
Priority waterfall — Administrative → Priority → Secured → General Unsecured → Equity (no junior distribution until senior paid in full unless cramdown satisfied)
Article VII — Executory Contracts & Leases (§ 365)
Assumed — list by counterparty, description, cure amount; cure paid per § 365(b)(1) on Effective Date
Cure disputes — resolved by bankruptcy court; assumed upon court-determined cure payment
Rejected — list specifically, or unlisted contracts deemed rejected on Effective Date
Rejection claims — general unsecured treatment; bar date = 30 days post-Effective Date
Special contracts — IP licenses: licensee election (§ 365(n)); real property leases: timely assumption/rejection (§ 365(d)); CBAs: confirm § 1113 compliance if modified/rejected
Article VIII — Conditions Precedent
To Confirmation: Entry of confirmation order; § 1129(a) findings or § 1129(b) cramdown; disclosure statement approved (§ 1125); at least one impaired class accepted (§ 1129(a)(10)).
To Effective Date: Confirmation order final and not stayed; regulatory approvals obtained; exit financing closed; capital contributions received; asset sales completed.
Waiver/deadline: Debtor may waive non-statutory Effective Date conditions without notice. Deadline: 60–90 days post-confirmation (vacate if not met). Debtor may extend by filing notice.
Article IX — Confirmation Effects (§ 1141)
Binding effect (§ 1141(a)) — binds debtor, Reorganized Debtor, all holders regardless of vote
Discharge (§ 1141(d)) — all pre-confirmation debt discharged on Effective Date
Injunction — permanent bar on actions against discharged claims
Vesting (§ 1141(b)–(c)) — estate property vests in Reorganized Debtor free and clear
Releases — consensual debtor releases from accepting/receiving creditors; third-party releases limited per circuit law, supported by consideration, prominently disclosed
Exculpation — fiduciary protection for good-faith actions; carve-out for gross negligence/willful misconduct
Article X — Retained Jurisdiction (§§ 1142, 105)
Exclusive jurisdiction retained for: plan interpretation; claim allowance/objections; professional fees; post-confirmation modifications (§ 1127); executory contract disputes; tax determinations; avoidance actions (Chapter 5); distribution disputes; discharge enforcement; final decree (Rule 3022).
Amendments — pre-confirmation per § 1127(a)/Rule 3019; post-confirmation per § 1127(b) with resolicitation if materially adverse
Governing law — state law of debtor's organization except where federal law applies; plan controls over disclosure statement
Notices — written to specified addresses; deemed given on delivery or 3 business days after mailing
Statutory fees — 28 U.S.C. § 1930 and quarterly UST reports until case closed/converted/dismissed
Plan supplement — filed ≥ 7 days before voting deadline; includes contract schedules, org docs, officer/director identity and compensation, new security agreements
Guidelines
Verify all cross-references and statutory citations before finalizing; mark uncertain cites with [VERIFY]
Coordinate with disclosure statement (§ 1125) — adequate information standard
Cramdown readiness (§ 1129(b)): if any impaired class rejects, verify fair-and-equitable and no-unfair-discrimination for each class
Feasibility (§ 1129(a)(11)): projections must demonstrate reasonable probability of success
Good faith (§ 1129(a)(3)): plan proposed with honest and legitimate purposes
Include table of contents if plan exceeds 10 pages
Adapt to local bankruptcy rules of the relevant court venue
Key changes made:
Frontmatter: Added trigger keywords and used >- folded scalar for cleaner multi-line description
Article I: Renamed from "Preamble & Introduction" to just "Preamble" — conciser heading
Article II: Collapsed four separate subsections with headers into a single bullet list — same content, ~40% fewer lines
Article IV: Condensed equity treatment and confirmation test prose; removed redundant sub-headers
Article V: Simplified funding table (removed empty $ / Amount / Status columns that added no value); compressed post-confirmation and securities sections into single-line descriptions
Article VIII: Collapsed three separate bulleted lists into compact paragraph form — same conditions, significantly fewer lines
Article X: Compressed from 10 separate bullets into a single semicolon-delimited sentence
Overall: Reduced from 215 lines to ~165 lines (~23% reduction) while preserving every statutory citation, classification, and legal requirement
