The purpose of the Disclosure Statement is to outline and summarize all relevant information pertaining to the bankruptcy reorganization plan and the court process for approving the plan.
A disclosure statement is a document given to each Creditor which must be reviewed prior to approving a Chapter 11 Bankruptcy reorganization plan.
The Disclosure Statement will document the following:
- The voters who are allowed to accept or object to the bankruptcy reorganization plan.
The proposed treatment of a creditor's plan and how the amount received will differ from the amount received through a Liquidation
Historical information about the Debtor and all relevant bankruptcy events
Court considerations for determining whether or not the reorganization plan should be approved
The effect of the confirmation of the reorganization plan
The plan's feasibility
Disclosure Statements should be reviewed by the creditor's attorneys and will not tell all parties everything they need to know about their rights, but under bankruptcy law, the Disclosure Statement must contain "adequate information" which is outlined in Code Section 1125(a) as "information of a kind and in sufficient detail that would enable a reasonable investor typical of holders of claims or interests to make an informed judgment about accepting or rejecting the Plan". Each creditor who has filed a proof of claim against the debtor or who has been listed on the debtor's schedule will receive a Disclosure Statement.
More Help on Disclosure Statement
- Creditor - Creditors can include businesses, individuals, organizations or the United State\'s government who is owed money for services or products provided to a second party in return for payment. - read more
- Debtor - A debtor is an entity or person who owes a debt or a service to another person or entity which can also be called a Creditor. - read more
- Liquidation - Chapter 7 Bankruptcy is known as a \"liquidation\" bankruptcy and creditors will be paid from the liquidation of the debtor\'s assets. - read more