|
CHAPTER
11
|
|
CHAPTER
13
|
|
TYPE
OF ENTITY
|
|
|
|
Corporation |
|
|
Sole
Proprietor
|
|
|
DEBT
CEILING
|
|
|
|
$29O,515
- Unsecured - Not Contingent or Unliquidated
|
|
|
|
$871.550-Secured-NotUnliquidated
|
|
|
|
|
|
Regular
Income
|
CHAPTER
13
|
|
Positive
Cash Flow Per Interim Reports Post-Petition |
|
|
|
|
|
Limited
Oversight
|
|
|
Absolute
Right to Dismiss (180-day Bar if Stay Relief Sought)
|
|
|
CHAPTER
11
|
Creditor's
Committee |
|
|
NON-DISCHARGEABILITY
ISSUES
|
|
|
Super
Discharge
|
|
|
|
|
|
Need
6 years |
|
|
5
years or less
|
|
|
|
|
|
$25,000 |
|
|
$3,000
"No Look" (Proposed)
|
|
|
|
|
|
Application
to Be Employed |
|
|
Simple
Application for Payment of Fees
|
CHAPTER
13
|
|
|
|
|
CHAPTER
11
|
Effective
Date |
|
|
Within
the Plan
|
|
|
|
|
|
Co-Debtor
|
|
|
|
|
|
Post-Petition
Stay Current
|
|
|
Adequate
Protection-Post Petition Payments not Required |
|
|
|
|
|
Property
of the Estate
|
|
|
SPOUSAL
INCOME POST PETITION
|
|
|
Property
of the Estate
|
|
|
|
|
|
Sent
by BANS |
|
|
Sent
by Debtor
|
CHAPTER
13
|
|
|
|
|
Must
File Claim
|
|
|
CHAPTER
11
|
Mortgage
Paid Pursuant to Plan if No Claim Filed
|
|
|
Government
Must File Claim 180 days from Commencement
|
|
|
Good
Faith Requirement for Claims Listed on Petition |
|
|
Claims
Bar Date 90 days from 341(a) Meeting
|
|
|
Claims
Bar Date Set by Debtor |
|
|
|
|
|
Post-Petition
Contributions |
|
|
No
Post-Petition Contributions for 3 year
|
|
|
|
|
|
$185
Filing Fee
|
CHAPTER
13
|
|
10
% to Trustee in the Plan
|
|
|
$830
Filing Fee |
|
|
Quarterly
Trustee Fees both prior to and post Confirmation ($500 min) |
|
|
$50
minimum to Trustee if Plan Not Confirmed
|
|
|
$100
minimum to Trustee if Plan Confirmed
|
|
|
|
|
|
No-Hearing
Submit to Trustee Prior to Filing for Comments
|
|
|
CHAPTER
11
|
No
Hearing 15 days - File Declaration |
|
|
|
|
|
C,
I and J Schedules Always Required and Relevant
|
|
|
|
|
|
Disclosure
Statement |
|
|
Lengthy
Plan with Exhibits |
|
|
Creditor
Input |
|
|
OUST
Review |
|
|
Creditor
Votes |
|
|
Confirmation
Memorandum |
|
|
<
4 months - Confirmation - 4 months < or =
|
CHAPTER
13
|
|
POST
CONFIRMATION
|
|
|
After
Substantial Consummation and Discharge No Modification |
|
|
Modification
Available
|
|
|
Status
Report |
|
|
Attorney
Obligated to Represent Debtor
|
|
|
Post
Confirmation Fees May Render Plan Not Feasible
|
|
|
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|
