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Indeed, even in cases where a substantial portion of the business is sold, the ultimate value to general, unsecured creditors is often derived from the liquidation of other assets.

While chapter 11 of the Bankruptcy Code is entitled "Reorganization," it is well settled that chapter 11 may be used to facilitate the orderly liquidation of assets.

In addition, as a result of BAPCPA, bankrupt companies must determine whether to assume or reject their leases much earlier than under prior practice, and have a shorter time period during which they have the exclusive right to confirm a plan of reorganization.

Further, the tightening credit market has made debtor-in-possession financing more difficult.

Chapter 7 Liquidations In addition to chapter 11 liquidations, some prominent companies have filed for chapter 7 relief at the outset.

For example, the parent company of the Steak & Ale and Bennigan's restaurant chains filed for chapter 7 bankruptcy in 2008. In addition, the Peanut Corporation of America filed for chapter 7 relief in the wake of accusations that it produced tainted peanut products.

Chapter 11 liquidating plans must be confirmed pursuant to the requirements of § 11 of the Bankruptcy Code.

Liquidations of struggling enterprises can take several forms.

While many people are familiar with the concept of a "bankruptcy liquidation," the structure of a liquidation in bankruptcy may vary depending upon the specific type of case.

Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common.

This article provides a synopsis of some of the various types of liquidations.




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