Top 10 Questions About Subchapter V Reorganization -
Reorganization under Chapter 11 of the Bankruptcy Code offers powers and benefits that are simply not available in out-of-court restructurings. Chapter 11 restructurings, however, are often far too expensive to be a viable option for early stage companies and their investors. And the Chapter 11 process does not enable existing equity to retain ownership without creditor consent unless creditors will be paid in full (or new money is invested).
Recently-enacted Subchapter V provides for the first time an affordable mechanism for companies to reorganize with the benefits of the Chapter 11 process while preserving the interests of common and preferred stockholders.
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